No Heat for 14 Days In October (temperature measurements

[Bateman]

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).

[Bateman]

Me again. As far as I understand it, no one can ever legally with-hold rent because of no heat or hotwater (which is asanine). I hope I am wrong, but my research ended with this below information which I collected from http://www.housingnyc.com/resources/dhcr/dhcr15.html. It seems they must be caught in the act of providing no heat by inspectors, which is probably difficult to accomplish. But if caught, then a rent reduction will be ordered.
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New York State Division of Housing and Community Renewal, Office of Rent Administration

Fact Sheet #15 - Heat and Hot Water
By law, building owners must provide all tenants with the following levels of heat and hot water:

Heat (During the heating season, October 1 through May 31)

Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees;

Between 10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when the outside temperature falls below 40 degrees.
Hot Water (24 hours a day, 365 days a year)

Hot water must register at or above a constant temperature of 120 degrees at the tap.

If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees.
The New York State Division of Housing and Community Renewal (DHCR) is authorized to reduce the rent of any rent regulated apartment when these required heat and hot water services are not maintained. Tenants may file a "Tenant's Application for Rent Reduction based upon the Owners Failure to Provide and Maintain Heat and/or Hot Water Service(s)" (DHCR Form HHW-1). If more than one tenant wishes to file a complaint, the tenants must attach a schedule to the HHW-1 form or file "Statement of Complaint of Decrease in Building-Wide Services" (DHCR Form RA-84). If the owner is found by DHCR to have failed to provide adequate heat or hot water, a rent reduction shall be ordered for NYC rent stabilized apartments, or may be ordered for rent stabilized apartments outside NYC and rent controlled apartments statewide; and the owner will be prohibited from collecting any additional rent increases until the service is restored. In rent controlled apartments, no fuel surcharge may be collected until one year after DHCR issues an order finding that services are restored.

Rent controlled and rent stabilized tenants in New York City with heat and/or hot water complaints should call the NYC Central Complaint Bureau's Hotline at (212) 824-HEAT (4328).

A NYC Code Enforcement inspector will investigate your complaint and either issue a building violation or order emergency repairs to restore the services if they find the owner is not providing them.

If a tenant receives a rent reduction from DHCR and also receives another abatement or a rent credit because of the same conditions, the tenant cannot get both benefits at the same time.

For more information or assistance, call the DHCR Rent InfoLine (718-739-6400) or visit your Borough or County Rent Office.

[geoffnet]

To get an inspector there quickly, if you're still getting no heat call HPD's hotline at 212-824-4328. Tell them you have no heat. They should send an inspector within the next few hours. Also write a letter certified mail return receipt to your landlord stating the situation, with documentation (keep a copy for yourself), and give him a certain amount of time to fix it (for heat, legally the LL has 48 hours to fix the problem as far as I know). In terms of witholding rent, once you've warned the landlord of the situation and given him or her time to cure it, you can follow up if they haven't cured it with another letter stating that due to the unsoleved repairs you are witholding your rent as a last resort. Generally for leaks and more minor repairs, you give 30 days to cure before beginning to withold, however with something more urgent like heat and hot water, I'm sure you could shorten it to 10 days or less and still get the sympathy of a judge in housing court, as long as your documentation is good. Once you've sent off the two letters, you can safely withold your rent. The landlord will either fix the problem or take you to court for nonpayment. The judge will ask you why you haven't been paying your rent and you present your case, that you were not getting any heat, and you gave the ladnlord a sufficient amount of time to cure this before witholding, even giving him/her written warning of the impending witholding of rent. Bring all documentation and your certified letters anfd receipts to prove that you sent the letters and that the landlord received them.

[HAJ77]

I would be extremely careful about witholding rent if you have not talked to a qualified tenant attorney (or at the very least a major tenant association).

Improperly witholding rent can lead to serious problems, and trying to defend that action in Housing Court could prove troublesome since they can bring a non-payment proceeding against you.

Have other residents complained to HPD and the LL? If not, have all of them call HPD and send certified letters to the LL, there really is strength in numbers. Be sure to have everyone start a journal documenting the date/time of the issue.

Check out this link about Heat & Hot Water from HousingNYC.com

[Bateman]

Thanks for responding; your posts were very helpful.

CB