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Posted by Joe Dumela on March 22, 1997 at 08:18:30:

In Reply to: outdated wiring=FIRE! Can I sue? revisited posted by K. Downey on March 17, 1997 at 15:54:02:

: Hello,
: Due to outdated wiring, my apt. caught on fire. I was home and put
it out. Can I sue my landlord under the warranty of habitability? If
so, how? thank you for your advice!!!

Do a search for "Warranty of Habitability" on the web sight, and also
"HP Actions" -- see the Court section for a few booklets on this.
But usually those actions are menat to get the owner to do repairs.
You might wish to see if you can prove actual negligence by the owner,
that he may be liable for damages you suffered. That would not be
done in Housing Court, (although you might be able to raise that as
a defense to a non-payment, but I defer to our learned lawyers on that
subject).

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Comments:
: :   Hello,
: :   Due to outdated wiring, my apt. caught on fire. I was home and put 
: it out. Can I sue my landlord under the warranty of habitability? If 
: so, how? thank you for your advice!!!

: Do a search for "Warranty of Habitability" on the web sight, and also
: "HP Actions" -- see the Court section for a few booklets on this.
: But usually those actions are menat to get the owner to do repairs.
: You might wish to see if you can prove actual negligence by the owner,
: that he may be liable for damages you suffered. That would not be
: done in Housing Court, (although you might be able to raise that as
: a defense to a non-payment, but I defer to our learned lawyers on that
: subject).



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