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help recoup past paid rent, warranty of hability

NYC Housing Court Practice/Procedures

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help recoup past paid rent, warranty of hability

Postby kapitan95 » Sun Sep 21, 2014 11:24 pm

Ive been having problems in my apartment.
My problems are poor repairs for cieling leak, leaky roof, apartment door lock defective,poor garbage area, drunks and homeless person on roof, no window screens, chipping paint, door frame damage, filthy corridors. These issues are on going, and the repairs are always poor.
My door lock repaired 4 times by a non locksmith, my cieling has been repatched every 6 months like clockwork. Im told to buy my own screens. I spent 3 weeks with a large hole in my kitchen wall because of piping repair.
The roof door alarm has been broken for 4 years, so homeless people, or an acoholic has been living there since. His beer cans cause the drain to get blocked up,
My oven was broken, and had to wait 3 weeks for a replacement.
Most recently, after a tough talk with the manager, a 4x4 square of waterproof drywall was placed in my ceiling, with another crappy patch job on the roof. Some one sabotaged the roofing work, and it rained heavy the next day. My bedroom was raining, for 6 hrs. The work crew put up new sheetrock on the water damaged old plaster ceiling.
Now, how can i go about getting a return on all the rent i have paid since the landlord was slow and cheap to my needs for 4 years. He clearly breached my warranty of habilitation. He wants to sit with us to negotiate , but i feel he will low ball what the courts may offer. The courts help center advised an hp action, but also advised civil court as the compensation i am seeking are over $5000. How can i go about this, the law states i can get an abatement on rent paid upto 6 years back, but im sorta lost.
I also have a roach problem due to the leaky pipes.
kapitan95
 
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Re: help recoup past paid rent, warranty of hability

Postby TenantNet » Sun Sep 21, 2014 11:34 pm

The six year statute of limitations is a general limit for civil actions. Housing Court can give you an abatement based on current bad conditions, but I don't know how far back they would consider compensation.

Small Claims Court has a $5,000 limit and HP actions are to get current bad conditions fixed, not about compensation. I don't know if the HP Court even has the autority to award damages.

Civil Court would be better for going back years and general non-repair issues. It would also be better for other types of claims, i.e., punitive and compensatory claims. Beyond that Supreme Court is also available.

Make sure you have documentation for all you are seeking. Anticipate the LLs defense. A favorite tactic is the LL claiming you prevented access.
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Re: help recoup past paid rent, warranty of hability

Postby kapitan95 » Sun Sep 21, 2014 11:56 pm

So, for the months of august,september i had 3 weeks of kitchen plumbing work with an open hole in wall and above mentioned conditions. Say i stop paying rent for october november, should, would i get a reduced
rent abated, or could the housing court credit me for these payments? I did have major flooding thru my ceiling. I would say i only had use of the bathroom and living out of boxes in my living room. I know there were poor repairs done without a licensed contractor. Handyman do leaky sinks, not major pipework or roofing repairs. I even had roofing tar leak into my bedroom staining our sons bed and person.
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Re: help recoup past paid rent, warranty of hability

Postby kapitan95 » Sun Sep 21, 2014 11:58 pm

Correction, 3 weeks kitchen, 2 weeks ceiling work.
kapitan95
 
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Re: help recoup past paid rent, warranty of hability

Postby TenantNet » Mon Sep 22, 2014 12:03 am

What is "i"? Is that a word?
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Re: help recoup past paid rent, warranty of hability

Postby kapitan95 » Mon Sep 22, 2014 6:24 am

i is me. Im writing off my cellphone, so excuse my message, im not using a spell check,
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Re: help recoup past paid rent, warranty of hability

Postby TenantNet » Mon Sep 22, 2014 7:20 am

I don't think it's possible to misspell "I".

Please see the Forum Rules, No. 19.
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Information from TenantNet is from experienced non-attorney tenant
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Re: help recoup past paid rent, warranty of hability

Postby kapitan95 » Mon Sep 22, 2014 7:23 am

My apologies,I will try to be more careful.
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