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My nephew is renting an apartment in Brooklyn. Since October…

My nephew is renting...

My nephew is renting an apartment in Brooklyn. Since October 18th they have had issues-no heat and hot water are the biggest issues, also no carbon monoxide monitor, problems with the disposal, toilets, and locks. They finally fixed the heat and hot water and are now negotiating an abatement . The landlord offered 12 days, or $1,272 but it closer to 60 days. He demanded $6,500. the landlord responded he should take the $1,200 or he'll start court proceedings and my nephew would not want that on his record. That sounds like a retaliatory threat. is it an unfair or deceptive business practice under NY law for the LL to make that threat?

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

Brooklyn new York-crown heights

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

Reported to the landlord-yes. Also the NYC building department issued a summons to go to court on February 25th for code violations concerning the boiler

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

That's it

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Answered in 7 minutes by:
1/12/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,577
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Yes, that would be illegal retaliation under NY law, specifically...Article 7 - (Real Property) Landlord and Tenant

223-B - Retaliation by landlord against tenant.

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Which states:

.

223-b. Retaliation by landlord against tenant. 1. No landlord of premises or units to which this section is applicable shall serve a notice to quit upon any tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation for:

.

a. A good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code, or ordinance, or any law or regulation which has as its objective the regulation of premises used for dwelling purposes or which pertains to the offense of rent gouging in the third, second or first degree; or

.

b. Actions taken in good faith, by or in behalf of the tenant, to secure or enforce any rights under the lease or rental agreement, under section two hundred thirty-five-b of this chapter, or under any other law of the state of New York, or of its governmental subdivisions, or of the United States which has as its objective the regulation of premises used for dwelling purposes or which pertains to the offense of rent gouging in the third, second or first degree; or...

.

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It goes on to further state that should the landlord take any retaliatory action, the tenant can sue them for damages and injunctive relief to prevent any eviction.

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So son should feel free to call the landlord's bluff and see if he is foolish enough to try to evict him and open himself up to being sued as judges are very harsh on landlords for this type of behavior..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,577
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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