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KJLLAW
KJLLAW, Other
Category: Landlord-Tenant
Satisfied Customers: 916
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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I was wondering if this service is free? No I did not,

Customer Question

Good afternoon! I was wondering if this service is free?
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: No I did not, property in NY state
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: its a big building in Brooklyn, my parents have rent subcidized appartment. They had no cooking gas for 8 month, landlord did not offer any discount. Now once Gas issue is finally fixed my parents submitting 6 rent payments and kept 2 for the meal excrescences they had for 8 month with no gas. Money order kept coming back from the management and also they started legal procedings with out notifying my parents first
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if its legal for the landlord start legal process without notification of the tenants officially and also if Landlord should give some breakdown on the rent when no cooking gas for 8 month
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  KJLLAW replied 4 months ago.

Good morning.

Expert:  KJLLAW replied 4 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In New York State all tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair, which includes gas service and cooking. If your parent’s landlord failed to provide gas service for 8 months they have a right to withhold rent for the period the gas service is interrupted. Under NY law the landlord cannot retaliate and evict them for withholding part of the rent for the period. You parents have a right to file for a petition for rent abatement hearing with the landlord tenant court in Brooklyn. They can also file a complaint with the Division of Housing and Community Renewal. The complaint form is found at http://www.nyshcr.org/forms/rent/ra84.pdf.

They will be entitled to an abatement of part of their rent for the 8 months, but the amount is up to the judge or the DHCR.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJLLAW replied 4 months ago.

Also., many times landlords will not offer a breakdown on the rent discount, but will wait for the court of the Division of Housing and Community Renewal ( DHCR) NYS to get involved., They often file some action in court, but your parents should, file their own complaint either in court or with the DHCR.