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Warranty of Habitability Inspection Instructions

233 West 111th St

NYC 10026

NYC Building Registration # 101463

The warranty of habitability makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times.

You may have a warranty of habitability defense or counterclaim if you have any of the conditions listed here (or you had any during the time period the landlord or owner says you owe rent) in your apartment or in the public areas of your building.

If you are a tenant of 233 West 111th Street and you ever experience any issues that you feel violate your Warranty of Habitability or if you are EVER without HEAT or HOT WATER; or if you need Window Guards; or if your Appliances need repair; if you notice Fumes in your apartment; find any Lead Paint or Mold; if main Door Locks or Elevator is not working; if you notice any Animals or Vermin; or any of the following:

Apartments

  • No water
  • Water leaks or floods
  • No hot water
  • No heat
  • Problem with pipes
  • Radiator problems
  • No Electricity
  • Mice/Rats/Vermin
  • Roaches/Insects/Bugs
  • Mold
  • Kitchen problems
  • Gas (none or leaking)
  • Bathroom problems
  • Floor problems
  • Walls/Ceilings
  • Broken tiles on walls
  • Peeling paint or plaster
  • Lead paint
  • Window problems
  • No window guards
  • Bad ventilation
  • Smoke detector missing
  • Carbon monoxide detector missing
  • Garbage not collected
  • Smells or fumes
  • Harassment by landlord or other tenants
  • Noise
  • Door locks broken
  • Broken intercom or doorbell
  • Fire or smoke damage
  • Asbestos

Public Areas

  • Crime or illegal activity
  • Dirty Hallways
  • Bad lights
  • Dangerous stairs or railings
  • Broken elevator
  • Mailbox problems (none or no good)
  • Broken Fire Escape
  • Boiler is no good
  • Roof is no good
  • Fire escape is no good
  • Any other condition that is dangerous to life, health or safety or makes the apartment or building unlivable

HEAT & HOT WATER

Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Heat must be provided between October 1st and May 31st, i.e. “Heat Season,” under the following conditions:

Day

Between the hours of 6:00am and 10:00pm, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.

Night

Between the hours of 10:00 pm and 6:00 am, the inside temperature is required to be at least 62 degrees Fahrenheit.

Take Action!

STEP 1

The first step is to conduct a self-inspection of your home to document all the issues that need repair and Collect Evidence by documenting any Violations that exist in your apartment. Take pictures, make notes and detail the date, time & location of any issues or violations that you experience or witness in the building. 

The best way to collect evidence for NO HEAT is to monitor the temperature in your apartment (especially at night), to be sure the indoor temperature falls in between the legal required limits according to the ‘heat season’ schedule.

If the temperature in your apartment falls BELOW the legal required limit, please collect evidence by taking a picture of the thermometer noting the INDOOR and OUTDOOR temperatures. 

Then obtain a complaint number by contacting NYC 311. After that, complete this form to send a copy of the evidence & complaint number to your email inbox to use as evidence in court.

The next step is to Notify The Landlord. 

STEP 2

Just Fix is a non-profit that builds free tools for tenants to exercise their rights to a livable home. You can use their website to send a Certified Letter to the landlord & receive a tracking number via text message as proof of mailing. 

By using the Just Fix website you can create a customized Letter of Complaint that highlights the issues in your home that need repair. This will only take you about 5 minutes and it works great.

  1. First, conduct a self-inspection of your home to document all the issues that need repair by taking pictures or notes of the date, time & place of occurrence.
  2. Visit the Just Fix website to customize your Letter of Complaint and then they will send it to your landlord via USPS Certified Mail® and provide a tracking number via text message.
  3. Call 311 to File a Complaint & obtain an Service Request Number (SR#) 
  4. Complete the Warranty of Habitability Inspection Form to Collect Evidence to use in any HP Action. A copy of all submissions will be sent to you. 
  5. Save ALL Pics, Notes & Details of any occurrences of issues or violations that you experience or witness in the building. 

Why use Just Fix to send a customized Letter of Complaint?

  • They send the letter through USPS Certified Mail® & you can keep an official record of all the requests you’ve made to your landlord. 
  • They will send you a tracking number via text message so that you can obtain proof of mailing by USPS Certified Mail® for your Letter of Complaint. 
  • They include all the required information needed in the Letter of Complaint to start an HP action against your landlord. 

https://www.justfix.org/en/

What happens next?

The good people at JustFix.org will mail your letter via USPS Certified Mail® and provide a tracking number via text message. When you receive this text message with the tracking number you should track the letter and obtain proof of mailing or proof of receipt of certified mail back from the USPS Certified Mail® tracking system. Just Fix will continue to follow up with you via text message.

Finally, you will have the option to email a copy of your letter to yourself, someone you trust, and your landlord.

Once your landlord receives it, your landlord should contact you to schedule time to make repairs on the access dates you provided. If not they should at least contact you to see if the conditions still exist.

STEP 3

The second step is to obtain a Make A Complaint with the City of NYC by Calling 311 and obtain a Service Request Number or complaint to attach to your complaint. Do this for each incident or each day that violations still exist. You can also obtain a Service Request or complaint number but completing this online form here: https://parknorth.org/NYC311

In this step you will document your issues with photos, notes and/or dates, times & location then call 311 or use 311 online to make a complaint to obtain a SR#.

How to File a Complaint and Obtain a Service Request Number 

You can file a complaint by:

Calling 311 or TTY (212) 504-4115 or Using 311 ONLINE or 311 MOBILE

Before filing a complaint, be sure to have some basic things ready to provide to the 311 call agent regarding your complaint. After you file a complaint, you will be given a Service Request number. Make a note of this Request Number

1. Be prepared to provide your Name, Address, Phone Number and/or Email Address so the 311 Agent can send you a copy of the Service Request #. If you can not or prefer not to provide this information then you may elect to place an anonymous complaint, just be sure to make a note of the Service Request Number over the phone when the agent is done taking the complaint. 

2. Be prepared to provide the Building Owner/Officer and Managing Agent information to the 311 agent taking the complaint. 

Owner: JOHN SISMANOGLOU

Corporation: PARK NORTH REALTY LLC

Managing Agent: VICTOR SISMANOGLOU

VIMA PROPERTY GROUP

NYC Building Registration Number: 101463

25-57 49th STREET, #202

ASTORIA NY 11103

Phone: 718-729-4368

Fax: 718-472-0739

Source

What Will Happen Next?

After you File a Complaint with 311, HPD will attempt to contact your building’s managing agent to advise them that a complaint has been filed and that a violation may be issued if the condition is not corrected immediately. HPD will also attempt to call you back to see if the condition still exists.

After you file a complaint, you will be given a Service Request number. Make a note of the Service Request Number.

STEP 4

The last and final step is to Submit The Warranty of Habitability Evidence Form by clicking here: https://parknorth.org/311

Be sure to include the Service Request Number from your NYC 311 Complaint when you complete the Warranty of Habitability form and afterwards a copy of the evidence form will be sent to your email address which you can then use as evidence in any HP Action against the landlord. 

Additionally, after you complete the form you may edit your previous submission, create a new submission & view the results of previous submissions anonymously. 

STEP 5

The most important right you have as a tenant is the right to organize with your neighbors and join the Park North Tenants Association. The Park North Tenants Association has been established solely for the tenants of the building located at 233 West 111th Street. Learn more at ParkNorth.org

Attending regular tenant association meetings is the best way for tenants to solve their issues with their landlord. A landlord is more likely to respond and respect the requests of a group of organized tenants than of an individual. This is why it is best to meet with the tenants of your building as a part of a tenants association. 

If you would like to attend a Park North Tenants Association Meeting visit ParkNorth.org to learn when the next meetings will be. At tenant association meetings for Park North, we will discuss all tenant concerns and issues; we will discuss what our rights are; and what we can do to get the landlord to address them. To learn more on how you can get involved contact Park North by email at: info@parknorth.org