Legal Question in Landlord & Tenant Law in New York

tenant's rights

Sir,

Circumstances: What appears to be a 2-family house in south Brooklyn. We rented this 3-room apartment with the understanding that all was functional.

A plumber recently stated that the heating pipes have not been functioning for years. Not only is the landlord dragging her feet in getting repairs done but even refuses to turn on any available heat.

Questions: Can I withhold all monies until something is done about our heat? Can I purchase heaters to make sure our apartment is adequately heated, deducting the cost from the rent? Can I call plumbers/electricians to do the work landlord is responsible for and deduct costs from any future rent?

What agencies, with phone numbers, can I call to complain about this landlord?

I want nothing to do with this landlord yet I cannot leave right now and we have committed for a year.

Thank You,

JMS


Asked on 11/09/03, 7:25 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: tenant's rights

You can do all of the above, but you should hold the money in escrow in case your landlord takes you to court and at some future time you need to pay a portion of it back. You can call HPD to report your landlord.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/10/03, 10:54 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: tenant's rights

This is a difficult situation. I hope you have no small children.

You made a list of things to do: you can do all of them. If you withhold rent, make sure you put the money in a separate bank account. Keep that money separate.

You can also get a court order to require the landlord to fix the pipes and heating by a certain date. I can help with that.

You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street. Please call for an appointment first, (646) 591-5786.

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Answered on 11/10/03, 2:03 pm


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