I am in a rent stabilized apartment building (8+ apts.). In the past 18 days, the building has been without heat for 14 days. The heat on these 14 days, inside and outside the apt., fell outside the legal limits prescribed by the NY Housing Authority. The LL doesn't take care of the building, no hot water for 8 days last year in Feb., and the heat continually breaks. LL never responds to requests to have rent lowered. I made several complaints with the Housing Authority, but when they came to check the building temperatures when there still was no heat, no one was around to let them in because everyone was at work. The LL never returned 2 phone calls from me during this no heat period; I sent a fax telling him that I wanted him to reduce my rent, or I would begin reporting him as it is my right (but where does reporting get me?).
Question: I want and probably will with-hold a portion of my rent. Can I legally do this? How can I with-hold rent? I have been unable to find a Housing law that allows a tenant to with-hold rent, yet every one I talk to about this issue says I should withold rent, as if it's common knowledge. Please help me; our building is slowly becoming a 1920's tenement house (actually this building is over 150 years old).