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No Air Conditioning - Anything Else I Can Do?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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No Air Conditioning - Anything Else I Can Do?

Postby eaha44 » Tue Aug 09, 2022 7:04 pm

I live in a rent-stabilized apartment, and my landlord is a large organization that operates many 100% affordable/supportive housing complexes throughout the city. Not too concerned about them identifying me from details here... I would love to actually talk to them :roll:

A little over 3 weeks ago, the AC (central air system) stopped working throughout the building. It has since been restored to several floors, but has not been fixed on mine. As far as I know, none of my neighbors on my floor have functioning AC right now. I have tried contacting my building's maintenance staff and management multiple times and gotten no response. I've spoken to building security who says maintenance "is aware of the issue" and "it sounds like the whole system has to be replaced." A few of my neighbors called 311 and HPD did an inspection, but the case was closed because HPD can't order the landlord to fix the AC. They did issue one violation for lack of ventilation in my floor's hallway area.

After 9 days, I filed a decrease in services complaint through DHCR. This is where things started getting weird. The day after I filed my complaint, the AC turned back on. It wasn't working very well, but it brought the temp down to the upper 70s and was good enough for me. 4 days later, it completely stopped working again.

Then last Thursday it started working again, and was very powerful. My thermostat said the unit was centrally locked and I couldn't change the settings (On/Cool/68), even though I pay for my own electricity. But yesterday, it turned OFF again. And at some point yesterday or today my DHCR complaint status moved to "final review."

My questions:

1. Is there anything else I can do here to compel my landlord to fix the AC?

2. I'm not aware of DHCR doing any inspections, but it seems odd that my case status changed right after my AC was fixed & locked on for 4 days. I'm worried the LL fixed it, certified that to DHCR, then turned it off again in retaliation. Is that delusional? And if it's not, what are my options (assuming DHCR does rule in the LL's favor)?

Thank you!
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Re: No Air Conditioning - Anything Else I Can Do?

Postby TenantNet » Sun Aug 14, 2022 8:17 pm

Sorry for the delay.

You say the LL is a "large organization that operates many 100% affordable/supportive housing complexes" ... some of these operate with the mentality they don't have to provide services for tenants. Please let us know by Private Mail (not the forum's public area) the name of the LL and address.

First, you do have central AC. The problem is it isn't working. Understand that things do break. The problem is what they are doing to fix it.

Do you have a tenants association in the building? If so, are they doing anything? I would not bother talking with maintenance, other building workers or brokers; that's wasting your time.

First, get the facts. Find out who has - or does not have - working AC. Make a list. See if they wish to do some collective action. Some will, some will not.

I would send a certified letter to the landlord .. the entity to whom you pay rent and who is listed on your lease. You can also check the NYC Dept. of Finance ACRIS system for ownership. But some owners will have managing agents or net sublease of the entire building. So again, the owner on your lease is the best bet.

I've not heard of HPD refusing to place AC violations, but HPD often deals with basic warranty of habitability issues (like heat, hot water, etc.), and they may feel like AC is just an amenity. If you have a document from HPD, we'd like to see it.

One option is to file a complaint with DHCR, but that could take a lot of time. (apparently you've done that). You might get an initial response with the LL's statement in (maybe) October.

That the AC is intermittent does not nullify your complaint.

But you say that DHCR says "Final Review" after only a few weeks? We're seeing more and more than that. While DHCR is noted for taking years, for them to settle something in a week or two - without your being able to see and respond to the LL's answer, sounds like DHCR intends to illegally close the case. Do you have a docket number for the complaint? If you can, by Private Mail.

You can also file a HP case in Housing Court. But again, they might take the view that only essential services are required, i.e., heat and hot water, etc. I just don't know if they will address the AC issue.

If the HP Action doesn't work, you have the right to withhold rent and be taken to court on a non-payment where your defense would be the AC being broken. Problem is the courts are very backlogged. If you do take that patch, keep a diary of what happens when and all your mail to and from the LL. Document everything.

Your question No. 2 is not delusional, but get the facts of what is happening. DHCR is often out of control.
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