I have lived in a rent-stabilized apartment since 1965. Recently, the lower lock on the front door jammed and couldn't be opened, so I got a locksmith to drill it and open the door for a fee of $108. The lock now needs to be replaced. Wouldn't this be the responsibility of the building's owner? There is a second lock on the door that I bought and installed.
Jarred I. Kassenoff, a Manhattan real estate lawyer, said that under a New York State law known as the warranty of habitability, an owner is responsible for the repair and maintenance of a residential tenant's unit and for ensuring that the premises (including all common areas) are free of dangerous, hazardous or life-threatening conditions.
"New York State courts have interpreted that law quite broadly and have applied it to an array of security-related concerns, including an apartment-door lock," Mr. Kassenoff said. "As long as the lock wasn't broken as a result of a tenant's willful act or negligence, it would be the owner's responsibility to repair or replace the mechanism."
In this instance, however, it is unclear what caused the jam and whether the building's owner or agent was given adequate notice of the defect and an opportunity to respond. If the owner was not given a reasonable chance to repair the lock, he or she could conceivably disclaim responsibility for the repair costs.
"But I doubt a judge would look too kindly on a landlord's refusal or reluctance to remedy the situation," Mr. Kassenoff said.
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