Legal Question in Real Estate Law in New York

Re: Rent

If the leak makes the apartment uninhabitable you have several choices: place the rent into escrow with your attorney or a bank until the problem is resolved. You also have the right to deduct a reasonable amount from the rent since you do not have total access and use of the apartment. Or, if this creates an intolerable situation you can cancel the lease. To be safe, I suggest you take pictures or a video of the leak so you have proof. Also, have you put the complaint in writing to the landlord or their agent, certified mail, return receipt requested. I also suggest that you confer with a real estate attorney to protect your rights and assist you if terminating the lease becomes a problem and the landlord sues you.