Legal Question in Real Estate Law in New York

Tenant withholds 1 day of rent for 4 hours loss of hot water

I own a multifamily home in NYC and recently my boiler required repair which meant my tenant could not take a hot shower for about four hours. My family also lives in the house and therefore we want the utilities to work too, so there is no negligence. Is it legal for my tenant to withhold 1 day's worth of rent for this?? The house is 75 years old and stuff breaks... also I pay 100% of heat, hot water, electricity, internet, and cable TV for the entire house.

Thanks for any advice!


Asked on 11/04/08, 8:37 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Tenant withholds 1 day of rent for 4 hours loss of hot water

Although there is law concerning rent and lack of heat and hot water, I have read no law on this specific issue. However, I would think it unreasonable to withhold 1 day of rent because it took four hours to repair the boiler.

If the tenant wants to become hyper-technical, it is only 4 hours and not 24 hours. Therefore, he or she should only be allowed to withhold 16.66% (and not 100%) of one day's rent.

Mike.

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Answered on 11/05/08, 7:47 am


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