Use this landlord repairs / habitability guide to build a clear demand letter for Buffalo.
Landlord Repair Rights in Buffalo, New York: A Complete Guide to Demand Letters
Buffalo tenants face unique housing challenges in Western New York's demanding climate, where harsh winters and aging housing stock make prompt landlord repairs essential for safety and comfort. As New York's second-largest city with a significant renter population across neighborhoods from Allentown to North Buffalo, the Elmwood Village to the West Side, understanding your rights under New York's warranty of habitability is crucial for ensuring your landlord maintains livable conditions.
New York law provides strong protections for tenants through the implied warranty of habitability, codified in Real Property Law Section 235-b. This warranty requires landlords to maintain rental premises in a condition fit for human habitation, regardless of what the lease says. In Buffalo, where many rental properties are older homes and buildings, issues like heating system failures, plumbing problems, lead paint hazards, and structural deficiencies are common complaints that landlords are legally obligated to address.
A demand letter serves as a formal, documented request for repairs that creates a paper trail essential for protecting your rights. When you've notified your landlord of needed repairs and they've failed to act within a reasonable time, a demand letter demonstrates your serious intent to pursue all available legal remedies. In Buffalo's rental market, where many landlords own multiple properties, a well-crafted letter citing specific legal violations often prompts action more effectively than repeated verbal requests.
This guide provides Buffalo tenants with jurisdiction-specific information about repair rights under New York law, Erie County resources, and practical steps for demanding necessary repairs. Whether you're dealing with a broken furnace during a Buffalo winter, persistent roof leaks, pest infestations, or code violations, this resource will help you assert your tenant rights effectively and hold your landlord accountable for maintaining safe, habitable housing.
New York Tenant Rights and Habitability Laws Applicable in Buffalo
Buffalo tenants benefit from comprehensive protections under New York State law that require landlords to maintain rental properties in habitable condition. Understanding these laws is essential for crafting an effective demand letter and knowing your full rights.
The Implied Warranty of Habitability (Real Property Law Section 235-b) is the cornerstone of tenant protection in New York. This statute provides that every residential lease includes an implied warranty that the premises are fit for human habitation, and that the landlord will maintain the property in this condition throughout the tenancy. Importantly, this warranty cannot be waived by any lease provision. The warranty covers essential services and conditions including adequate heat, hot water, electricity, plumbing, structural integrity, freedom from vermin and pests, and compliance with housing and health codes.
The Multiple Dwelling Law and Multiple Residence Law impose additional requirements on landlords of apartment buildings and other multiple-unit dwellings common in Buffalo neighborhoods. These laws require landlords to maintain common areas, provide adequate lighting, maintain fire safety equipment, and ensure proper sanitation. Violations can result in civil penalties and orders to correct.
Under New York Real Property Law Section 235-a, tenants have the right to withhold rent or repair and deduct when landlords fail to make necessary repairs. However, these remedies have specific procedural requirements that must be followed. Before withholding rent, tenants should generally provide written notice of the needed repairs and allow reasonable time for the landlord to respond. The rent withholding must be proportional to the diminished value of the premises.
The Buffalo Housing Code, administered by the City of Buffalo Permit and Inspection Services, provides additional protections specific to Buffalo. This code sets minimum standards for rental housing including requirements for heat (minimum 68 degrees during the day in winter months), hot water, plumbing, electrical systems, structural integrity, and pest control. Code violations can result in citations against landlords and orders to make repairs.
New York's warranty of habitability law allows tenants to remain in possession while seeking rent abatements for the period during which the premises were uninhabitable. Courts can award retroactive rent reductions based on the percentage decrease in the unit's value due to the landlord's failure to maintain habitability. This remedy is powerful because it allows tenants to recover money they've already paid.
Retaliatory eviction protections under Real Property Law Section 223-b prohibit landlords from retaliating against tenants who complain about housing conditions, report code violations, or exercise their legal rights. Retaliation includes eviction attempts, rent increases, or decreased services within six months of the tenant's protected activity. These protections ensure tenants can assert their repair rights without fear of losing their housing.
Lead paint hazards receive special attention under both federal and New York law. The federal Lead-Based Paint Hazard Reduction Act requires disclosure of known lead hazards, and New York law imposes strict duties on landlords of pre-1978 buildings to address lead paint hazards, particularly in units occupied by children under age six. Erie County has additional lead poisoning prevention requirements.
The statute of limitations for warranty of habitability claims is generally six years for breach of contract actions. However, tenants should act promptly both to preserve evidence and to address health and safety concerns. Housing code complaints should be filed as soon as violations are identified.
Step-by-Step Guide to Landlord Repair Demand Letters in Buffalo
Before writing your demand letter, thoroughly document the problem. Take dated photographs and videos of the condition from multiple angles. Note when you first noticed the problem and how it has progressed. If the condition affects your health or safety, document any resulting symptoms or incidents. Keep a written log of how the condition impacts your daily use of the premises.
Examine your lease for any provisions regarding repairs, notice requirements, and landlord contact information. While the warranty of habitability cannot be waived by lease terms, your lease may specify how repair requests should be submitted. Note the official name and address of your landlord or property management company.
Gather records of any previous repair requests you've made regarding this issue or related problems. This includes emails, text messages, written notes, and records of verbal requests (with dates and names of persons you spoke with). This history demonstrates your good-faith efforts and the landlord's failure to respond.
Research whether the condition violates Buffalo Housing Code requirements or New York Multiple Dwelling Law provisions. You can contact the Buffalo Permit and Inspection Services at (716) 851-5906 to request an inspection or ask about specific code requirements. Identifying specific code violations strengthens your demand letter.
Determine the impact of the unrepaired condition on your use and enjoyment of the premises. If you've incurred out-of-pocket expenses (such as space heaters due to heating failures, or hotel stays due to uninhabitable conditions), calculate these costs with receipts. Consider the percentage reduction in your unit's value due to the condition for potential rent abatement claims.
Begin with your name, address, apartment number, and contact information, followed by the date and landlord's information. State clearly that this is a formal demand for repairs under New York Real Property Law Section 235-b. Describe the specific condition requiring repair in detail, including when it began and how it affects habitability. Reference any applicable housing code provisions.
Specify exactly what repairs are needed and cite the landlord's legal obligation to perform them. Reference the implied warranty of habitability and any applicable Buffalo Housing Code provisions. Make clear that failure to maintain habitable conditions violates New York law and your lease.
Provide a specific deadline for the repairs. For emergency conditions affecting health or safety (no heat, no water, gas leaks), 24-48 hours is appropriate. For non-emergency repairs, 14-30 days is generally reasonable depending on the complexity. State that this deadline is based on the nature and urgency of the needed repairs.
Inform the landlord of the remedies you will pursue if repairs are not made, including: filing complaints with Buffalo Permit and Inspection Services, filing with Erie County Health Department, exercising rent withholding rights under New York law, seeking rent abatement through Housing Court, and any other appropriate legal remedies.
Include copies (never originals) of photographs documenting the condition, records of previous repair requests, any relevant lease provisions, and documentation of your damages. Reference these attachments in your letter.
Send your demand letter via certified mail with return receipt requested to create proof of delivery. Also send copies via email and regular mail. Consider hand-delivering a copy and photographing the delivery. Keep copies of everything for your records.
After the deadline passes, document whether repairs were made and their adequacy. If the landlord fails to respond or make repairs, proceed with the remedies stated in your letter.
Essential Evidence for Buffalo Landlord Repair Claims
Building a strong case for landlord repairs requires systematic evidence collection. This documentation supports your demand letter, potential housing court action, and any rent abatement claims.
Photographic and Video Evidence
Take clear, dated photographs of all conditions requiring repair. Include wide shots showing context and close-ups showing detail. For water damage, photograph the extent of damage and any mold growth. For pest infestations, photograph the pests themselves and evidence of their presence. Video can be particularly effective for demonstrating ongoing issues like leaks, strange noises, or heating failures. Ensure your device's date stamp feature is enabled.
Temperature and Environmental Logs
For heating issues, maintain a log of indoor temperatures with dated readings taken at consistent times. Buffalo Housing Code requires minimum temperatures of 68 degrees during the day (6 AM to 10 PM) when outside temperatures fall below 55 degrees, and 62 degrees at night. Document outdoor temperatures alongside indoor readings. For humidity or moisture issues, document readings over time.
Written Communication Records
Save all communications with your landlord regarding repairs. This includes emails, text messages, letters, and notes from phone conversations (with dates, times, and summaries). These records demonstrate your attempts to resolve the issue and the landlord's failure to respond. Request written confirmation of any verbal promises to make repairs.
Lease and Rental Agreement
Maintain a copy of your complete lease agreement, including any addenda or modifications. Highlight provisions regarding repairs, maintenance responsibilities, and notice requirements. Note the legal name and contact information for your landlord or property management company.
Official Inspection Reports
If you've requested inspections from Buffalo Permit and Inspection Services or Erie County Health Department, obtain copies of inspection reports documenting violations. These official records carry significant weight in legal proceedings. Request inspections for serious health and safety issues.
Medical Records if Applicable
If housing conditions have affected your health (such as respiratory issues from mold, lead poisoning, or injuries from unsafe conditions), obtain medical records documenting the connection. Physician statements linking health problems to housing conditions strengthen your case significantly.
Witness Statements
If other people have observed the conditions requiring repair, obtain their contact information and, if possible, written statements. This may include other tenants, visitors to your unit, or repair personnel who assessed the situation. Witnesses can corroborate your account if the landlord disputes the conditions.
Receipts for Related Expenses
Maintain receipts for any expenses incurred due to the landlord's failure to repair. This includes temporary housing, space heaters or fans, pest control products, cleaning supplies for water damage, medical expenses, and any other out-of-pocket costs caused by the uninhabitable conditions.
Chronological Timeline
Create a detailed timeline of events: when the problem first appeared, when you notified the landlord, their responses (or lack thereof), any inspections conducted, and how conditions have progressed. This timeline demonstrates the pattern of neglect and your diligent attempts to address the issue.
Critical Deadlines for Landlord Repair Claims in Buffalo
Understanding applicable deadlines is essential for protecting your tenant rights in Buffalo. While no single deadline governs all repair claims, various timelines affect your rights and remedies.
Emergency Repair Response Time
For emergency conditions that threaten health or safety, such as no heat during winter, gas leaks, flooding, or broken locks, landlords should respond within 24-48 hours. Under Buffalo's housing code, lack of adequate heat during heating season is an emergency violation. If the landlord fails to respond to emergencies, contact Buffalo Permit and Inspection Services at (716) 851-5906 for emergency inspection.
Non-Emergency Repair Timeline
For non-emergency repairs, landlords generally should complete repairs within a reasonable time after receiving notice, typically 14-30 days depending on complexity. Your demand letter should specify a deadline appropriate to the nature of the repair. Courts consider the severity of the condition and complexity of the repair when evaluating reasonableness.
Housing Code Complaint Response
When you file a housing code complaint with Buffalo Permit and Inspection Services, inspectors typically respond within a few business days for serious violations. Once violations are cited, landlords receive a compliance deadline from the city, often 30 days for non-emergency violations. Failure to comply can result in fines and further enforcement action.
Rent Withholding Notice Period
Before exercising rent withholding rights, tenants should provide written notice of the needed repairs and allow reasonable time for the landlord to respond. While no specific statutory period is mandated, courts generally expect at least 30 days for non-emergency repairs before rent withholding begins. Always document your notice thoroughly.
Repair and Deduct Limitations
Under New York law, tenants may make certain repairs and deduct the cost from rent if the landlord fails to act. The repair cost generally should not exceed one month's rent, and the repair must address a condition that affects habitability. Notice to the landlord and a reasonable opportunity to repair is required first.
Housing Court Proceedings
If you file an HP (Housing Part) proceeding in Buffalo City Court to compel repairs, the court typically schedules a hearing within 1-3 weeks. At the hearing, the court can order the landlord to make repairs by a specific deadline and may reduce or abate rent for the period of uninhabitability.
Statute of Limitations for Rent Abatement
Claims for retroactive rent abatement based on breach of the warranty of habitability generally must be brought within six years under New York's contract statute of limitations. However, evidence becomes harder to prove over time, so prompt action is advisable.
Retaliation Protection Period
Under Real Property Law Section 223-b, actions taken by a landlord within six months of a tenant's good-faith complaint about housing conditions are presumed retaliatory. This protection begins from the date of your complaint, so document exactly when you notified the landlord or filed complaints.
Lead Paint Hazard Remediation
For lead paint hazards in units with children under six, Erie County requires expedited remediation timelines. Landlords may be required to address hazards within as few as 14 days depending on blood lead levels and hazard assessment. Contact Erie County Department of Health at (716) 858-7690 for lead-related issues.
Common Mistakes to Avoid in Buffalo Landlord Repair Claims
Pursuing landlord repair claims effectively requires avoiding common pitfalls that can undermine your case or jeopardize your tenancy.
Failing to Provide Written Notice
Verbal repair requests, while valid, are difficult to prove. Always follow up verbal requests with written documentation via email, text message, or certified letter. Courts expect tenants to provide clear written notice before exercising remedies like rent withholding. Create a paper trail from the beginning.
Not Documenting the Condition
Many tenants fail to photograph or document conditions adequately before they're repaired or worsen. Without documentation, it becomes your word against the landlord's. Take dated photographs and videos immediately upon discovering problems, and continue documenting any progression.
Withholding Rent Without Proper Procedure
While New York law allows rent withholding for habitability violations, doing so without following proper procedures can result in eviction. Before withholding rent: provide written notice, allow reasonable time for repairs, ensure the condition genuinely affects habitability, and be prepared to show you can pay the withheld rent. Consider depositing withheld rent in an escrow account.
Making Repairs Without Landlord Opportunity
The repair and deduct remedy requires giving the landlord notice and opportunity to make repairs first. Making repairs yourself without this step, or exceeding the cost limitations, can prevent you from deducting the costs. Document your notice and the landlord's failure to respond before making repairs.
Not Reporting to Code Enforcement
Some tenants try to resolve issues only with the landlord, missing the opportunity for official code violation documentation. Housing code inspection reports provide powerful evidence and can compel repairs through city enforcement. File complaints with Buffalo Permit and Inspection Services for significant violations.
Accepting Partial or Temporary Fixes
Landlords sometimes make cosmetic or temporary repairs that don't address underlying problems. A fresh coat of paint over water-damaged walls, for example, doesn't fix the leak. Document incomplete repairs and continue pressing for complete resolution of the underlying problem.
Failing to Continue Paying Rent Properly
Even when conditions are uninhabitable, completely stopping rent payment without following proper procedures is risky. If you're withholding rent, document that you have the funds available and are withholding specifically due to the uninhabitable conditions. Consider seeking a rent reduction through Housing Court rather than unilateral withholding.
Not Understanding Retaliation Protections
Some tenants fear exercising their rights due to concerns about retaliation. Understand that New York law prohibits retaliatory eviction and presumes retaliation for landlord actions taken within six months of your complaint. Knowing your protections empowers you to assert your rights.
Delaying Action on Serious Hazards
Some conditions, like gas leaks, electrical hazards, lead paint, or structural failures, pose immediate safety risks. Don't wait for the landlord to respond to emergencies. Contact appropriate authorities immediately and, if necessary, temporarily relocate and pursue reimbursement.
Ignoring Lease Terms While Asserting Rights
While the warranty of habitability cannot be waived, tenants should continue fulfilling their own lease obligations (other than rent withholding for uninhabitability) while pursuing repair claims. Giving the landlord ammunition for their own claims against you weakens your position.
Frequently Asked Questions About Landlord Repairs in Buffalo
Under New York's warranty of habitability and Buffalo Housing Code, landlords must maintain rental premises in habitable condition. This includes providing adequate heat (minimum 68 degrees during day, 62 at night in heating season), hot water, working plumbing and electrical systems, structural integrity, freedom from vermin and pests, working smoke and carbon monoxide detectors, secure locks, and compliance with all applicable building codes. Landlords must also maintain common areas in multi-unit buildings.
New York law doesn't specify an exact notice period, but courts expect tenants to provide written notice and allow reasonable time for repairs before withholding rent. For non-emergency repairs, 30 days is generally considered reasonable. For emergencies affecting health or safety, shorter notice periods are appropriate. Always document your notice thoroughly and be prepared to show you have the withheld rent available.
Under Buffalo Housing Code, landlords must maintain minimum temperatures of 68 degrees Fahrenheit between 6 AM and 10 PM, and 62 degrees between 10 PM and 6 AM, when outdoor temperatures fall below 55 degrees. Heating season in Buffalo typically runs from October 1 through May 31. Failure to provide adequate heat is considered an emergency violation.
No. New York Real Property Law Section 223-b prohibits retaliatory eviction. If your landlord takes adverse action against you within six months of your good-faith complaint about conditions, report to code enforcement, or exercise of legal rights, the action is presumed retaliatory and may be defended against. Document your complaints and any subsequent landlord actions.
Contact Buffalo Permit and Inspection Services at (716) 851-5906 to file a housing code complaint. You can also file in person at City Hall, 65 Niagara Square. For emergency conditions like no heat or gas leaks, request emergency inspection. Inspectors will investigate and cite violations, giving landlords deadlines to comply. Keep copies of inspection reports for your records.
New York law permits repair and deduct in limited circumstances. You must first provide written notice to the landlord and allow reasonable time for repairs. The repair must address a condition affecting habitability, and the cost generally should not exceed one month's rent. Keep all receipts and document the landlord's failure to act. Consider consulting with an attorney before using this remedy.
Document the mold with photographs and note any health symptoms. Report to Buffalo Permit and Inspection Services for inspection. Send a written demand letter citing the warranty of habitability. If the landlord fails to act, you may pursue Housing Court action for an order compelling repairs and rent abatement. Mold affecting health is a serious habitability concern under New York law.
Several resources can help: Legal Aid Bureau of Buffalo at (716) 853-9555 for free legal assistance if eligible; Buffalo Permit and Inspection Services at (716) 851-5906 for code enforcement; Erie County Bar Volunteer Lawyers Project at (716) 847-0662; Housing Opportunities Made Equal (HOME) at (716) 854-1400 for housing discrimination issues; and Buffalo City Court Housing Part for repair order proceedings.
What to Expect When Resolving Landlord Repair Disputes in Buffalo
Resolving landlord repair disputes in Buffalo can take several paths, from informal resolution to formal court proceedings. Understanding what to expect helps you navigate the process effectively.
Many landlords respond to well-documented demand letters, particularly when you demonstrate knowledge of your legal rights and willingness to pursue remedies. Local landlords in Buffalo often prefer avoiding the expense and negative attention of code enforcement and court proceedings. Be professional but firm in your communications, and document all agreements in writing.
When you file a complaint with Buffalo Permit and Inspection Services, an inspector will visit the property and document any violations. The landlord receives a notice of violation with a compliance deadline. If the landlord fails to comply, the city can impose fines and pursue further enforcement. This process can take several weeks for non-emergency issues but provides official documentation valuable for any legal action.
If informal resolution and code enforcement don't produce results, you can file an HP (Housing Part) proceeding in Buffalo City Court. This special proceeding asks the court to order repairs. The court typically schedules a hearing within 1-3 weeks. At the hearing, you'll present your evidence of the conditions and the landlord's failure to repair. The court can order repairs by a specific deadline and may appoint an administrator to make repairs if the landlord doesn't comply.
Throughout or after the repair process, you may seek rent abatement for the period during which conditions were uninhabitable. Courts calculate abatements based on the percentage reduction in your unit's value due to the conditions. A unit with no heat in January might warrant 50-100% abatement, while minor issues might warrant 10-20%. Document conditions throughout to support your abatement claim.
Many landlord-tenant disputes settle before or during court proceedings. Landlords may agree to make repairs, reduce rent retroactively, credit future rent, or pay monetary damages to avoid continued litigation. Any settlement should be in writing and specific about what repairs will be made, when, and what compensation you'll receive. Consider having an attorney review settlement terms.
Informal resolution through demand letters may take 2-4 weeks. Code enforcement processes typically take 2-6 weeks. HP proceedings in Housing Court move relatively quickly, often with hearings within 1-3 weeks of filing. Complete resolution including rent abatement may take several months. Emergency conditions should be addressed much faster through emergency inspections and expedited court proceedings if necessary.
Buffalo Landlord Repair Resources and Contacts
Buffalo and Erie County offer extensive resources to assist tenants with repair issues. These agencies and organizations can provide guidance, inspections, legal assistance, and enforcement.
Buffalo Permit and Inspection Services
The primary agency for housing code enforcement in Buffalo. They inspect rental properties, cite violations, and can compel landlords to make repairs. Contact them at (716) 851-5906 or visit City Hall at 65 Niagara Square, Buffalo, NY 14202. Request inspections for housing code violations and document all communications.
Buffalo City Court Housing Part
The specialized court for landlord-tenant matters including repair order (HP) proceedings. Located at 50 Delaware Avenue, Buffalo, NY 14202. The clerk's office can provide information on filing procedures. HP proceedings are relatively informal and designed for self-representation.
Legal Aid Bureau of Buffalo
Provides free legal assistance to low-income residents for landlord-tenant matters. Their Housing Unit handles repair cases, eviction defense, and other tenant issues. Contact them at (716) 853-9555 or visit legalaidbuffalo.org. They may represent you directly or provide advice and referrals.
Erie County Bar Volunteer Lawyers Project
Offers free legal assistance through volunteer attorneys for eligible residents. Contact them at (716) 847-0662. They can provide advice on landlord-tenant matters and may offer representation.
Housing Opportunities Made Equal (HOME)
Addresses housing discrimination and tenant rights issues. If your landlord's failure to repair may be discriminatory (such as treating you differently than other tenants based on protected characteristics), contact HOME at (716) 854-1400 or visit homeny.org.
Erie County Department of Health
Handles environmental health issues including lead paint hazards, mold, and other health-related housing concerns. For lead poisoning prevention, contact them at (716) 858-7690. They can conduct environmental assessments and order remediation.
New York State Homes and Community Renewal
The state agency overseeing certain housing matters, particularly rent-regulated units. While Buffalo has limited rent regulation, HCR can provide information on tenant rights. Contact them at (866) 275-3427 or visit hcr.ny.gov.
Belmont Housing Resources for WNY
Provides housing counseling and assistance to Buffalo area residents. They can help with landlord-tenant issues and referrals to other resources. Contact them at (716) 884-7791 or visit belmonthousingwny.org.
National Grid and NYSEG Emergency Services
For utility-related emergencies, including gas leaks or electrical hazards, contact National Grid at 1-800-892-2345 (gas) or NYSEG at 1-800-572-1131. These companies can shut off dangerous service and may be able to pressure landlords to make repairs affecting their equipment.
211 Western New York
A general resource line that can connect you with various social services, including housing assistance. Dial 211 or visit 211wny.org for referrals to appropriate resources based on your specific situation.
The Tenant Rights Playbook
Document Everything
Photos, videos, dates. Every leak, every broken fixture, every hazard. Evidence is power.
Written Requests Matter
Verbal requests don't count. Emails, texts, certified letters. Create a paper trail.
Know the Deadlines
Most places give landlords 14-30 days for non-emergency repairs. Emergencies? 24-48 hours.
Habitability Laws Protect You
Most jurisdictions have implied warranty of habitability. Landlords must maintain livable conditions or face consequences.
New York Landlord Repairs / Habitability Laws
Applicable Laws
- New York Real Property Law § 235-b
- NYC Housing Maintenance Code
- Warranty of Habitability
Notice Period
Reasonable time
Consumer Protection Agency
NYC Housing Preservation & Development
Repair Demand FAQ
What repairs must my landlord make?
Plumbing, heating, electrical, structural issues, pest control, and anything affecting health/safety.
Can I withhold rent?
Some places allow it for serious issues. Check your local laws first - do it wrong and you could face eviction.
How long does my landlord have to make repairs?
Emergency repairs (no heat, flooding) typically require 24-48 hours. Non-emergency repairs usually allow 14-30 days depending on your location.
Can I hire someone and deduct from rent?
Many jurisdictions allow 'repair and deduct' for urgent issues after proper notice. The cost must be reasonable and the repair necessary.
What if the problem makes my unit uninhabitable?
You may be entitled to rent reduction, temporary housing costs, or the right to break your lease without penalty.
Do I need to let my landlord in for repairs?
Yes, but they must give proper notice (usually 24-48 hours) except for genuine emergencies. You can request repairs during reasonable hours.
Can I be evicted for complaining about repairs?
Retaliation for requesting repairs is illegal in most places. Document everything and know your state's anti-retaliation protections.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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