Legal Question in Landlord & Tenant Law in New York

Hi,

I live in NYC in 6 story building on a six floor and have 2 elevators.

One of them is not working for 2 years and the second is stop working for about 2 month from January 3, and still both of them not operable. Is this a breach of warranty of habitability?

Do we entitle for to a rent abatement? Can I stop paying rent and wait till they take me to the court?

Asked on 2/28/13, 8:22 am

1 Answer from Attorneys

Robert Rosenblatt Balsamo & Rosenblatt, P.C.
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Of COURSE you are entitled to a substantial rent abatement. You can also commence and HPD action in which the tenant sues the landlord for repairs. If the landlord does not repair, the Court can fine the landlord as well as put the landlord in jail for failing to repair as required by law.

Robert Rosenblatt, Esq.

718-858-7399

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Answered on 3/01/13, 8:16 am

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