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Posted by Tenantnetq on September 06, 1997 at 21:59:36:

In Reply to: Landlord promises not kept and rent abatements for service reductions posted by Barbara Burger on September 06, 1997 at 16:38:12:

: My aprtment was renovated just before we moved in. Most of the work
was done but the landlord promised us a few more things. These promises
have not been kept so we still do without a finished bathroom, no laundry
facilities, and our kitchen is still not completly finished.
: To make matters worse we went without hot water for 3 days in August
and only got it back when I took time off from work to be here to let
workmen I arranged for come in and repair what needed.
: We had called both the landlord and his designated "emergency" person
numerous times but never got any response. It wasn't until I took things
into our own hands that things got fixed.
: Meanwhile I lost money having to take time off and we went without hot
water for 3 days. Are we entitled to a rent abatement for lack of
services and failure to keep promises?

You don't get a rent abatement automatically (in NY). This is a breech of
lease and the Warranty of Habitability. You might get some abatement if
you press the issue in housing court. Forget DHCR, especially if it's
already been fixed. I don't think you can get anything for loss of
work time (although you can try).

: Additionally, recently due to another tenants carelessness we had a
flood. We had to go without electric in half of the apartment for 5
days and the damage still has yet to be repared. Are we entitled to any
rent reductions? This situation is only going to get worse and we
could use some guidelines.

Again, your remedy is housing court. Read the Court section on the
web site.

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Comments:
: : My aprtment was renovated just before we moved in.  Most of the work 
: was done but the landlord promised us a few more things.  These promises 
: have not been kept so we still do without a finished bathroom, no laundry 
: facilities, and our kitchen is still not completly finished.
: : To make matters worse we went without hot water for 3 days in August 
: and only got it back when I took time off from work to be here to let 
: workmen I arranged for come in and repair what needed.
: : We had called both the landlord and his designated "emergency" person 
: numerous times but never got any response.  It wasn't until I took things 
: into our own hands that things got fixed.
: : Meanwhile I lost money having to take time off and we went without hot 
: water for 3 days.  Are we entitled to a rent abatement for lack of 
: services and failure to keep promises?

: You don't get a rent abatement automatically (in NY). This is a breech of
: lease and the Warranty of Habitability. You might get some abatement if
: you press the issue in housing court. Forget DHCR, especially if it's
: already been fixed. I don't think you can get anything for loss of
: work time (although you can try).

: : Additionally, recently due to another tenants carelessness we had a 
: flood.  We had to go without electric in half of the apartment for 5 
: days and the damage still has yet to be repared.  Are we entitled to any
: rent reductions?  This situation is only going to get worse and we  
: could use some guidelines.

: Again, your remedy is housing court. Read the Court section on the 
: web site.


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