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We live in section 8 Apts although we pay full market rent.

We live in section...

We live in section 8 Apts although we pay full market rent. The hot water has been off due to repairs and con Ed taking their time to come out and certify the repair. It has been one week and no hot water. Can we deduct a weeks rent due to the problem? We live in New York Westchester

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

Reported to Peekskill NY city hall

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe that covers it

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Answered in 25 minutes by:
9/21/2017
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,906
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Landlord-Tenant Question

If the premises is not habitable, you need to give the landlord written notice that the premises is not habitable due to lack of hot water and you demand they pay for you to stay elsewhere until the water is back on or you demand a reduction in rent. If the landlord refuses, you cannot just deduct it, you would need to actually sue in small claims court for the money due for the breach of the warranty of habitability.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,906
Experience: Attorney with over 24 years experience.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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