Legal Question in Landlord & Tenant Law in New York

Landlord abuse

i am renting in a private house, the house is not zoned for a three familes which hes renting to, the landlord refuse to fix my door thats been broken since i moved in, refuses to remove a rug that was promissed to be removed, refuses to remove all left over material thay he left in the apartment, and refuse to make any repairs to pluming and heat. now i was told my rent is being incresed $200 due to my air conditioning while all ultilties are included it is august in 2 months it will oct no more air conditioning i was wondering where do i stand legally

Asked on 8/14/06, 2:58 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlord abuse

This cannot be enjoyable for you, however, this is how many landlords behave.

1. If the door does not properly lock, then this is a violation of the 'Housing Code' of NYC and legal action can help you. The same is true of the plumbing and heat.

2. The rugs and similar items are a different story. Here, you have an agreement (contract) with the landlord and he is not performing his duty under that contract. While you may still bring a legal action, you will be required to show some evidence that he made the promise. Your own statement in court is evidence.

Your remedies are:

1. Make a complaint to DHP. They will help with the door.

2. Withold rent (refuse to pay rent to the landlord. Instead pay it into a separate, new bank account that you set up for this purpose.) This will cause all of the problems to be addressed, but it might also stir up a hornets nest!

3. Bring a direct action in Housing Court with the benefit of an attorney. My fee for such an action would be $750.00.

You are welcome to a consultation. Email is best to make an appointment.

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Answered on 8/17/06, 2:01 pm

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Landlord abuse

While you may not legally be renting in a placed zoned for three families you are still entitled to all legal recourses and remedies that any residential tenant would be entitled to. If certain things are making an apartment uninhabitable then the land lord has a duty to repair them, if your contract states utilities included, then they shoudl be included.

You may seek to take your landlord to court to seek an injunction to remedy your situation, or there are other ways to also go about solving your situation... please feel free to contact me further for more information regarding this or any other matter, you can reach my office at #2127098303

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Answered on 8/14/06, 3:24 pm

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