Landlord Ignored Bathroom Leak For Years. Ceiling Collapsed, Now Mold & Rot Found. Need Legal Advice!

Location: Bronx, NY

Hi all, I’m looking for legal advice on what to do next in my situation. I live in a rent-stabilized apartment in the Bronx. Here’s the full story:

Back in December 2023, we started reporting a leak in our bathroom ceiling to management and the super. They would just plaster and paint over it, but the leak always came back. We raised it multiple times, and nothing lasting was ever done.

I recently moved back into the unit full-time (it’s my family’s apartment, I’ve lived here since 2012, just left temporarily in 2023 for medical reasons). We resumed asking for repairs. This weekend that just passed, the ceiling collapsed while I was in the bathroom. It could’ve seriously injured me. I immediately messaged the landlord and filed a 311 complaint because again, I had raised this several times and temporary fixes were their solution.

Their plumbers finally came (never have come before) and cut open the ceiling. It turns out the leak was coming from the tub upstairs (which one of the maintenance staff had confirmed, but they told the plumbers it was a toilet issue) of the unit above ours, and they weren’t even prepared to address it properly. But the real issue is what they uncovered: - Mold inside the ceiling - Rotted wood beams - Active water damage - Rusty corroded pipes

I have photos showing all of this, including the mold, rotting structure, and what’s left of my ceiling. The super has avoided speaking with us and management still hasn’t sent a licensed mold specialist or made permanent repairs.

I’ve now: • Filed a 311 complaint • Emailed the landlord formally • Prepared to file an HP Action in Housing Court this week • Documented everything with timestamps and photos

To make matters worse, I had just asked to be officially added to the lease (I’ve lived here since I was a minor), and the landlord is now refusing to move forward, saying the super “isn’t comfortable signing the affidavit” despite me offering ID, sending a notarized document from the leaseholder asking to add me, mail, and multiple forms of proof of my occupancy.

It feels like retaliation, especially since the timing directly followed my 311 complaint and my request for repairs by a licensed pro. Before the 311 complaint the landlord had told me “I reached out to the leasing office and you are all set. I just need the affadavit from the super confirming you live there and I should have that end of day today or early next week.” This happened before I made the 311 complaint. Then today all of a sudden the super is not comfortable providing my landlord with such documentation.

He also tells me “Lastly, it’s your right to call 311 but then they will give me weeks to repair the damages so if anything getting a violation will give me more time to complete it so i welcome it.”