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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118780
Experience:  Attorney with over 24 years experience.
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We live in section 8 Apts although we pay full market rent.

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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
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: Reported to Peekskill NY city hall
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe that covers it

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

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.

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