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Posted by Kevin Willcutts on September 16, 1998 at 13:24:21:

In Reply to: Re: Occassionally No Hot Water posted by Al Gordon on September 15, 1998 at 17:22:45:

One more note regarding requesting repairs:

The landlord cannot retaliate against you. The exact wording in the
state of Texas, I'm sure NY is similar, is:

"A landlord's attempt to increase rent, decrease services, or terminate
a month to month tenancy or unexpired lease within SIX months after
the tenant has made a written request for repairs will constitute
unlawful retaliation."

In Texas, you can sue for retaliation for one month's rent, $500 penalty,
damages (which includes moving expenses and last wages), attorney's fees
and any other civil penalties that may apply.

However, there is one loop hole in Texas,
"Rent increases are not always grounds for retaliation if:
1) the increase in rent was made pursuant to an escalation clause in
a written lease for increases in utilities, taxes or insurance;
or
2) the increase in rent or reduced services was made where the change
is part of a pattern of charges for an entire apartment complex.

So, chances are (2) will happen in your case. This will probably make
you unpopular with the other tenants, so I suggest you do not attempt
to get other signatures. You do not need other signature, since
retaliation against you alone is illegal.

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Comments:
: One more note regarding requesting repairs:

: The landlord cannot retaliate against you.  The exact wording in the
: state of Texas, I'm sure NY is similar, is:

: "A landlord's attempt to increase rent, decrease services, or terminate
: a month to month tenancy or unexpired lease within SIX months after
: the tenant has made a written request for repairs will constitute
: unlawful retaliation."

: In Texas, you can sue for retaliation for one month's rent, $500 penalty,
: damages (which includes moving expenses and last wages), attorney's fees
: and any other civil penalties that may apply.

: However, there is one loop hole in Texas,
: "Rent increases are not always grounds for retaliation if: 
: 1) the increase in rent was made pursuant to an escalation clause in
: a written lease for increases in utilities, taxes or insurance;
: or
: 2) the increase in rent or reduced services was made where the change
: is part of a pattern of charges for an entire apartment complex.

: So, chances are (2) will happen in your case.  This will probably make
: you unpopular with the other tenants, so I suggest you do not attempt
: to get other signatures.  You do not need other signature, since
: retaliation against you alone is illegal.


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