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**VinceV** · 12-12-2005, 02:37 PM

Re: Help with my Landlord!

I can't believe if you have contacted your housing authorities and they are not helping you? WTF is that, here in L.A. they don't mess around. 1 complaint and they are all over your ass here. I say this as a landlord, stop paying rent. If you have contacted the landlord or his representitives and they fail to amend it, and as you stated this has been going on for years, then you need to stop paying rent. Also be aware that I say this not knowing NY laws. Here in California, if say the water heater did not work and I refused to fix it, and tenant then refused to pay rent. I would have to go to court to evict. If it was brought up that tenant refused to pay because I refused to fix a standard of living item(items such as safe sanitation,heated water,windows that aren't broken, even screens on the windows). I would be screwed. I would lose. Would probably have to pay the tenant compensation, would not be able to collect rent for the time that had not been paid, and you cannot then kick a tenant out because they sued and you lost. In other words he cannot retaliate against you or he opens himself up to a serious lawsuit. Like I said, I do not know NY law, so check out online your rights or contact other fair housing/ tenant law help places.

**IrfaanSE801** · 12-12-2005, 02:48 PM

Re: Help with my Landlord!

Thanks man, I wasen't sure what would happen if I did take her to court (was scared of eviction or something). There is a form I can fill out for rent reduction if she fails to give heat and hot water, but I don't think she'll care as much since we're paying cheap as hell rent as it is, so I doubt that will make her give us hot water on a normal basis. The other possibility from that is she can charge us a "fuel charge", which I wouldn't care to pay because at least I'd know I was getting heat and all, but she's the kind of person that would inflate that price and make a buck off of me too. I don't understand this because besides this problem and these violations (MANY) for the heat/water, the building itself had HUNDREDS of violations during the last inspection. I can't understand why the city hasen't taken real action. I think all they do once a complaint is filed is notify her and give her 48 hours to fix the problem, which is nothing.

I'd get all the tenants in the building (3 of them actually) to sign the form, but I don't know if they are illegally here or not, but they don't seem to want to be bothered. I personally won't stand for this anymore, so I think I'm gonna try and find a lawyer or something. Just wanted to see if anyone here knows anything more that could help me. Thanks for the info man [img]/images/graemlins/toast.gif[/img]

**toejam** · 12-12-2005, 03:05 PM

Re: Help with my Landlord!

Call the media... I'd love to see them on Shame On You or 7 On Your Side or whatever other thing they've got on ABC or other news programs. [img]/images/graemlins/grin.gif[/img]

**Tekky** · 12-12-2005, 03:44 PM

Re: Help with my Landlord!

First of all, check your lease. See if it specifically states that heat is included in the agreement. If it is then right there you've got your lanlord by the short'n curlies. Your lease is a contract, it states that your landlord provides you with the items listed on it and you provide her with the agreed upon rent. Document the times that this has happened. Record dates in which you've spoken to the super about it. Then, get yourself a lawyer.

On a side note, I wasn't aware that New York was using the 311 system too. Interesting... Chicago uses it too.

**IrfaanSE801** · 12-12-2005, 04:06 PM

Re: Help with my Landlord!

I've got to find it, but I'm sure it does. And even if it dosen't, I'm almost positive NYC law requires her to provide heat/hot water 24/7 365 days a year anyway

http://www.housingnyc.com/html/resou...cr/dhcr15.html

**jgcable** · 12-12-2005, 04:13 PM

Re: Help with my Landlord!

Talk to an attorney or a housing authority representative. I am sure your landlord is in the wrong.

**clifffclaven** · 12-12-2005, 05:04 PM

Re: Help with my Landlord!

Do you pay for your electric? Or is it included in the rent?

**IrfaanSE801** · 12-12-2005, 05:06 PM

Re: Help with my Landlord!

Electric is seperate. My air conditioner reminded me of that this past summer [img]/images/graemlins/laugh.gif[/img]

**MBreinin** · 12-12-2005, 05:13 PM

Re: Help with my Landlord!

The premises must be habitable. Arbitrarily witholding water and/or heat renders the premises in default of that requirement.

Mike

**OnlineStageGear** · 12-12-2005, 07:12 PM

Re: Help with my Landlord!

Basicly you probably have every right to not pay the rent, but if your Landlord decided to take you to court to evict, and you either don't get the notice or miss the apointment, you are screwed.

I would suggest the same as jgcable and talk to a Lawyer but first I would talk with some of your neightbors and see if they would at the very least give a statement if necessary. As with almost anyhing, there will be fee's involved if you need the lawyer to do anything and your neighbors can help you with the expenses.

Matt

**IrfaanSE801** · 12-12-2005, 07:29 PM

Re: Help with my Landlord!

Well, my neighbor called the oil company and they said there was a hold on delivery because she was not paying for it, and from what I understand, there are some laywers involved already between them. What we just did was pulled our neighbors together and collected $20 from everyone and we're gonna order oil tonight ourselves. It's only gonna last us like 4 days, but at this point it's better than nothing. We're gonna present the receipt to the landlord and deduct that from the rent. Shit dude, my hands and fingers are all numb, even while typing this. I'm playing guitar right now, but gonna hold off on that cause it's starting to hurt. This is so rediculous...I'm gonna take everyone's advice and find a laywer to help us with our options. Thanks for the input [img]/images/graemlins/toast.gif[/img]

dg · 12-12-2005, 07:35 PM

Re: Help with my Landlord!

Here in VA, the way it is handled is that you can pay your rent into an escrow account to maintain your good standing, and the landlord has to address the complaint in order to get their money. You can't just stop paying and hope things go your way in court. Never a good strategy. I'm sure there is some kind of procedure for you to follow, and hopefully it won't involve you having to shell out for an attorney.

**wulfe13** · 12-12-2005, 07:39 PM

Re: Help with my Landlord!

Oil heaters? I guess it depends on what part of the country you're in. I've never seen anything except Gas or Electric... I'd say you have the right to not pay her... use your rent money for oil... after a month of receiving no rent at all, she'll change her tune.

**IrfaanSE801** · 12-12-2005, 07:48 PM

Re: Help with my Landlord!

[ QUOTE ]
Here in VA, the way it is handled is that you can pay your rent into an escrow account to maintain your good standing, and the landlord has to address the complaint in order to get their money. You can't just stop paying and hope things go your way in court. Never a good strategy. I'm sure there is some kind of procedure for you to follow, and hopefully it won't involve you having to shell out for an attorney.

[/ QUOTE ]

That's exactly why I haven't just stopped paying rent. I know there has to be another way to do this that's safer for my position.

Yah dude, oil heaters are such a freakin drag. It's an old building, but there's also no way in hell I see her upgrading to gas or electric. I think we're gonna try that using the money for oil instead of rent, but again, I wanna know I can safley do that from a laywer without looking bad on my part as a tenant

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