Welcome and thank you for your question. I will be the professional that will be assisting you. They are citing a line in my lease that states that the landlord is not required to pro-rate the rent if services are interrupted.Is there something in the lease that states that the landlord is not required to pro-rate the rent? Are you in a rent controled apartment?
The portion of the lease that they used in their rebuttal to my request was this.
"the annexed rider to your lease agreement which states that any interruption or curtailment of any such service shall not constitute a constructive or partial eviction, or entitle Tenant to any compensation or abatement of rent"
Is that legal?
There is a portion of the lease that also says
"you are not entitled to any rent reduction because of stoppage or reduction of any of the above services unless it is provided by law"
I'm not sure what is "provided by law"
Those portions of the lease are against public policy and not enforceable.
You are entitled as a tenant in New York to repair and deduct if the landlord fails to do so.
"If a landlord breaches the warranty of habitability, the tenant may sue for a rent reduction. Alternatively, rent regulated tenants can also file a rent reduction complaint with DHCR. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent."
Are you in a rent controlled apartment?
It is not a rent controlled apartment.
This was a newly renovated apartment. None of the appliances worked except the fridge when i moved in. Stove, hot water in shower, dishwasher and the washer/dryer were not functioning. Things were fixed but it was over a month from when the lease started until the final appliance was fixed.
For rent controlled apartments a complaint may be filed with the DHCR and they can reduce the rent. For apartments that are not rent controlled the court can order the rent reduction. This is the governing law on withholding rent N.Y. Real Prop. Law § 235-b, Semans Family Ltd. Partnership v. Kennedy, 675 N.Y.S.2d 489 (N.Y.City Civ.Ct.,1998) this is the governing law on repair and deduct N.Y. Real Prop. Law § 235-a; Jangla Realty Co. v. Gravagna, 447 N.Y.S. 2d 338 (Civ. Ct., Queens County, 1981) You can file suit against your landlord for his breach of the warranty of habitability.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
not sure if you can weigh in on this but if you can, thank you.
if the amount i'm trying to recoup is around $1,700. would average lawyer costs to take my landlord to court be more than that?
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