Posted by DK on February 08, 1999 at 12:19:27:
In Reply to: Can I sue? posted by frustrated on February 06, 1999 at 00:41:31:
Drafty windows by themselves are not code violations or a breach of the warranty of habitability. The issue is whether there is adequate heat in the apartment. If the windows are so drafty that the area affected by the drafts is less than the required temperature--68 degrees between 6 am and 10 pm--then the violation is inadequate heat.
Often windows become drafty because the landlord fails to keep them in good repair. For example, the frames become loose or rotted. The failure to keep the windows in good repair is a violation.
: I have asked my landlord to repair a window in my bronx apartment because it is poorly insulated
: and lets heat escape from my house. Although my landlord has been resposive
: regarding this situation, the repair company has taken their time.
: A new repair company has been assigned to my situation, and they have stated they will
: repair, but most likely replace my window. Since repairing/replacing my window
: is basically having my landlord plead guilty to breaching my warranty of habitability,
: can I take my landlord to court in order to reimburse me for a portion of the rent I have been paying
: during these months of this cold season?
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