Codes & Habitability

Suing Your Landlord for Repairs

If your landlord is failing to make serious repairs in your apartment, you may be able to take them to court using the Tenant Dignity and Safe Housing Act (TDSHA) — also known as a “7-D Receivership” case.

Through this law (that UTA helped draft), tenants can ask the court to:

  • Order repairs
  • Reduce rent (rent abatement)
  • Award financial compensation
  • And more, depending on what the court allows

Who Can File a 7-D Case?

  • You must currently live in the apartment you are suing for.
  • The repair issues must still be ongoing.
  • You cannot sue for problems that were already fixed, or for a unit you’ve already moved out of.

How to File a 7-D Case

  1. Fill out the court forms
    You’ll need to complete two documents: the Notice of Petition and the Petition.
    Forms are available here: [Insert Link to Forms – we can link directly if you provide it].
  2. Notarize the Petition page
    A notary public must witness your signature on the Petition.
  3. File the forms at your local city court
    Bring your completed paperwork to the courthouse.
    There is typically a filing fee around $45. Can’t afford the fee?
    Ask the court for a fee waiver by completing a short form. This allows your case to proceed without payment.
  4. Serve the landlord
    After filing, you must make sure your landlord is officially notified (“served”). You can:
    • Have a disinterested third party serve them in person, OR
    • Send the court papers via certified mail

Need Help?

United Tenants of Albany (UTA) can help you:

  • Gather documentation
  • Understand your rights
  • Navigate the court process

Contact us today if you’re considering a 7-D claim or need support preparing your case.

Health Hazards (Infestations, Mold, and Lead)

General Infestation Policy

Unless it can be proven that the tenant caused the infestation, it is the landlord’s responsibility to address and resolve pest issues.

  • If a tenant is found to be the cause, they may be responsible for remediation costs.
  • Tenants must comply with reasonable instructions from the landlord or pest control company.
  • If an infestation is not addressed, tenants should call Code Enforcement.
  • Severe infestations may lead to a unit being declared Unsafe-Unfit.

Bed Bugs

Under New York State law:

  • Landlords are responsible for keeping the unit free of insects and vermin.
  • Landlords are expected to cover the full cost of extermination for bed bug infestations—unless they can prove the tenant caused the issue.
  • Tenants must comply with instructions from Code Enforcement and exterminators during treatment.

Mold

Code Enforcement often does not cite mold itself, but instead cites the underlying causes, such as:

  • Leaks
  • Poor ventilation
  • Broken or missing windows

If you’re concerned about mold:

  • Consider contacting a third-party inspector, such as Alpine Environmental Services or Enviro Test Inc.
  • If you are experiencing respiratory or other health issues, consult a doctor or specialist who may be able to document the habitability issue.

Lead

If you suspect lead in your unit:

  • Contact the Albany County Health Department’s Environmental Unit, which offers free testing for households with:
    • A child under the age of 6
    • A pregnant resident

If lead is found:

  • The landlord has 14 days to provide an action plan.
  • Once the plan is submitted:
    • Indoor lead hazards must be fully resolved within 6 weeks.
    • Outdoor lead hazards also require full remediation within 6 weeks, unless it’s winter, in which case more time may be permitted.

⚠️ Important Note: Lead is especially dangerous to young children, but it can also cause serious harm to adults.

Important: If your lease did not include a lead disclosure and lead is later found in the unit, you may be entitled to sue the landlord for damages.

Non-Emergency code violations

What to Do When Repairs Are Needed

1. Notify Your Landlord Immediately (In Writing)

If something in your unit needs repair, you should notify your landlord as soon as possible—and always in writing.

  • A text message is acceptable at first.
  • If you don’t get a response, send a formal letter by certified mail so you have proof of communication.
  • Keep a copy of the letter and allow the landlord a reasonable amount of time to address the issue.

2. Call Code Enforcement if the Landlord Doesn’t Act

If the landlord fails to respond or fix the issue:

  • Contact Code Enforcement to file a complaint.
  • Be present during the inspection if possible, so you can point out all unresolved problems.
  • Request a copy of the inspection report from Code Enforcement.
  • In Albany, you can also find the report on the Citizen Self Service Portal.
  • If Code Enforcement finds violations, the landlord will be given a deadline to make repairs.

3. Re-Inspection by Code Enforcement

Once the deadline passes:

  • If the landlord has made the necessary repairs, the case is closed.
  • If the landlord hasn’t taken action—or the work is not satisfactory—the case is referred to prosecution.

4. Prosecution (City Takes Landlord to Court)

  • The City of Albany will petition the landlord and bring them to housing court.
  • A judge may settle the matter or set a trial date.

What Tenants Can Do

  • Under the Tenant Dignity and Safe Housing Act, tenants have the right to sue their landlord for:
    • Needed repairs
    • Rent abatements (partial refunds)
    • Money judgments and more
  • If you’re considering legal action, call United Tenants of Albany (UTA) and we can walk you through the process.

What About Withholding Rent?

Tenants may choose to withhold rent if repairs are not being made—but be cautious:

  • The landlord can still try to evict you for non-payment.
  • However, if you’re able to pay the amount the judge determines is owed, you cannot be evicted.

Unsafe–Unfit Declarations

A unit or building may be declared Unsafe–Unfit when conditions make it uninhabitable. This means tenants cannot remain in the unit until serious violations are corrected.

The City of Albany may issue an Unsafe–Unfit declaration if any of the following conditions exist:

  • No heat (September 15 – May 31)
  • No electricity
  • Missing or non-functioning fire alarms or smoke detectors
  • Excessive garbage or debris posing a health risk
  • Structural instability in the unit or building
  • Severe pest infestations
  • Electrical hazards that pose immediate danger
  • Blocked or missing exits in buildings with public spaces or four or more residential units/floors
  • Proximity to an adjacent unsafe structure

When a building is declared Unsafe–Unfit:

  • A Code Enforcement Officer will notify tenants of the declaration
  • Tenants are not forcibly removed unless there is an immediate threat to safety—in which case, police may intervene
  • If you are displaced due to an Unsafe–Unfit order, contact United Tenants of Albany (UTA) immediately or visit our office for support.
  • Thanks to funding by Assemblywoman Gabriella Romero, UTA is able to provide limited support for tenants displaced due to USUF declarations.