Legal Question in Landlord & Tenant Law in New York

I live in an apartment where heat is included. My heat was never working upon moving in, however I reported the problem November 11th, when it began getting cold. On November 12th he building maintenance person replaced my thermostat. I reported the heat still not working the next morning, November 13th. From there the maintenance person no-showed on 2 appointments. During the time of no heat I moved in with my girlfriend 30 miles away because I could not live in such a cold apartment. I called the landlord about once a week to schedule the repair to be made. The heat was not turned on until December 29th. Although they required my presence to repair the heat, which is why they say it took so long, all repairs that they did were in the ceiling in the hallway outside of my apartment, where the gas valve is located.

Am I required to pay rent for the time period that I was unable to live in my apartment? According to NY State Multiple Dwelling Law 79 heat must be supplied Oct. 1 through May 31.

At the time I did pay the rent, however I now feel that I should received that money back. I still live there. Is not paying for a month and a half now an option or should I take them to court to retrieve that money?

Thank you.


Asked on 7/05/10, 7:06 am

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

If you can not negotiate with them, take them to court.

If you do not pay the rent they will start an eviction.

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Answered on 7/05/10, 6:54 pm


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