× Disclaimer

The information provided on this website is for general informational purposes only. While we strive to keep the information up-to-date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We will not be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

127-16 14th Avenue, College Point, NY 11356

Landlord Liability for Environmental Hazards

Table of contents

    Landlords are responsible for providing tenants with safe housing. If you’re a landlord or a tenant with liability issues on either side of an issue, call the best attorneys in New York City at Albert Maimone & Associates, P.C. Available to you in all five boroughs of NYC — Queens, Manhattan, the Bronx, Staten Island and Brooklyn — as well as in Nassau and Suffolk counties, this boutique law firm has in-depth knowledge of landlord/tenant law. They offer dependable advice and skilled representation, as they live by the motto: Helping clients get the results they need.

    Is My Landlord Responsible for Environmental Hazards?

    A landlord is legally liable for providing a safe, habitable rental property at the beginning of the lease and throughout its term. Tenants have a right to live in a place that’s free of environmental hazards, such as:

    • Asbestos
    • Mold
    • Lead
    • Bedbugs
    • Carbon monoxide gas
    • Radon gas

    Tenants have the responsibility of informing the landlord of any unsafe structural, health or safety conditions existing within the property. As a tenant, if you’re experiencing health-threatening issues from environmental hazards, get help immediately. As a landlord, if you’re dealing with environmental hazards, act promptly to correct the situation.

    Seek out the expert landlord/tenant attorneys at the boutique law firm of Albert Maimone & Associates in New York City. They have extensive experience and proven success in dealing with all types of environmental hazards in rental properties.

    What Responsibility Do Landlords Have to Prevent or Fix Environmental Hazards?

    As a landlord, you can be held liable for environmental health hazards on your property and in your building. It’s recommended that you familiarize yourself with the NYC laws, codes and ordinances regarding these hazards. It’s your job to prevent or fix any issues with mold, asbestos, lead, radon, carbon monoxide and other health hazards, to ensure your rental property poses no serious health risk to your tenants.

    Regularly inspecting and assessing the state of your rental property can provide proactive assurance for both you as the landlord and your tenants. Doing so helps protect your rental properties against catastrophic consequences and costly lawsuits. Preventing and effectively dealing with environmental hazards can save money, prevent structural damage to your property and avoid health issues for your tenants. Liability claims can get seriously expensive, especially if negligence is involved. A few ways you can be proactive include:

    • Ensure that vacated apartments are meticulously cleaned and inspected for mold and pests
    • Clear the ventilation, fix plumbing problems and remedy any other potential issues before the next tenant occupies the space
    • Hire a mold assessor annually if you have three or more units
    • Follow OSHA’s requirements for asbestos abatement in buildings constructed before 1981
    • Disclose any known lead paint hazards to prospective tenants and follow NYC Local Law 31
    • Test for radon and if discovered, hire professional restoration experts
    • Provide carbon monoxide detectors, especially if the dwelling uses fuel-based heating or cooking
    • Ensure that the unit has effective ventilation to create healthy indoor air, especially if pets were present

    How Can a Lawyer Help a Tenant with Exposure to Environmental Hazards?

    New York City attorneys with in-depth knowledge of real estate law can help you procure legal remedies as a tenant if your legal right to a safe, habitable rental property has been violated. The top-rated attorneys at Albert Maimone & Associates understand your concerns as a tenant, especially since some environmentally hazardous issues can’t be easily or quickly resolved.

    If you’re considering withholding or deducting rent for repairs, you want dependable advice and skilled representation. When you’re facing any environmental hazard situation, your first step must be to report any environmental hazards immediately to your landlord or building manager. Then get yourself and your family to a safe location to stay until the issue is resolved. Retain documentation of your reports, expenses, emails and written correspondence. Your other responsibilities include:

    • Not intentionally damaging your apartment or the building
    • Not damaging the building or your apartment through neglect
    • Responding to inquiries from the owner, landlord or building manager
    • Obeying legal terms of the lease
    • Still paying your rent on time
    • Providing access to your apartment for repairs
    • Paying attention to the safety of your building and apartment
    • Contacting a landlord/tenant attorney for a free consultation to make sure you’re covered and following the law as you proceed

    Can a Lawyer Help a Landlord with Environmental Hazards?

    As a landlord, if you fail to provide a safe and habitable dwelling for your tenants, your renters have legal options. Serious environmental hazards include a burst pipe or non-working heat source, which can make the apartment uninhabitable. Consequences may include:

    • Renters withholding rent
    • Tenants attempting to do the repairs themselves
    • Renters asking for reimbursement for repairs and medical bills
    • Safety organizations, NYC regulators and health inspectors intervening
    • Liability suits filed

    Hire a team of specialized NYC attorneys with in-depth knowledge of real estate and landlord/tenant law to help you with issues regarding environmental hazards on your rental property. Environmental hazards can get complicated, especially with New York City laws, codes and ordinances. Albert Maimone & Associates know these laws inside and out, and they offer free consultations and case evaluations.

    Safety organizations like OSHA have regulations regarding environmental hazards, which require qualified contractors and specific practices to deal with dangerous and harmful situations. Your NYC real estate attorney provides you with information about all the landlord liability issues you may encounter. Avoid civil litigation by learning as much as you can about these hazards and how to effectively deal with them.

    How Can I Find Help with Issues Involving Environmental Hazards?

    There are numerous New York City, state and federal resources to help landlords with remediation and abatement. If the environmental hazards cause harm to a rental property or its tenants, you want professionals, such as Albert Maimone & Associates, who advise buyers, sellers, developers, contractors, landlords and management firms concerning various real estate matters.

    If you’re a tenant and you’re in a housing situation that’s hazardous, please move to safety. If you’re struggling for resolution for the harm caused to you by environmental hazards, you want skilled real estate attorneys who focus on your immediate needs as a tenant.

    Contact this celebrated Queens real estate law firm, which offers a client-centered approach, to provide dependable advice and skilled representation. Your highly focused team of lawyers has in-depth knowledge of real estate law. These specialized real estate legal professionals live by their motto: Helping Clients Get the Results They Need.

    Albert Maimone & Associates P.C.

    127-16 14th Avenue
    College Point, Queens, NY 11356
    (718) 357-1216

    Page Updated on Mar 17, 2024 by Albert Maimone, Esq., (Lawyer) of Albert Maimone & Associates P.C.