Legal Question in Landlord & Tenant Law in New York

freezeing in west babylon

no heat all together over 70 days 45days no hot water.as i type no heat,so much more to this story.ive been sick and lost time from work.and im frightened of my landlord.i know i should go to court with this.im affaid im not the only victim,besides my family..thank you!i never submitted this to you yet.but i did put a posting with''findlaw''message boards.i am also wireless connected to my landlord,i wonder if there watching me type.i also cant get into *mess.boards anymore!


Asked on 3/03/08, 8:07 pm

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: freezeing in west babylon

Assuming that the terms of your lease provide that the landlord is responsible for heat, then you must document every heat violation thoroughly and then stop paying the rent. The landlord WILL take you to court at which time you will assert the breach of warranty of habitability /no heat violation defense. The judge will review your documentation and possibly grant you an abatement (reduction) in the rent you owe. You should demand the judge include a contempt clause in any resolution in the event the landlord fails to provide heat again in the future.

You should also call you local town hall and inquire whether you can file a complaint with the town and the building department.

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Answered on 3/04/08, 8:50 am


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