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No gas, Questions

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

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No gas, Questions

Postby elank » Mon Jan 09, 2017 11:44 am

Hi TenantNet,
Glad I found you!
A few days ago, ConEd turned off the gas in my building (tenant) because of a leak in the “house pipe”.
24 hours later the heat and hot water were restored but we have no gas for cooking and the super said it would probably be months, more than 3, before we get it back.
I hope to enlist the rest of the building in combining forces but must see.
I’ve looked around your site at similar experiences and have a few questions:
—Is this a breach of the warrant of habitability?
—I am going to ask for a rent abatement. I know of one building that got a 50% abatement for no cooking gas, but most here typically indicate 10% – 15%. Are there any guidelines or circumstances I should know that affect the amount?
—Most here talk of putting rent in escrow, but someone told me that is no longer done, that one continues to pay. Which method is the preferred choice these days?
—I filed a complaint at 311, it will be forwarded to HPD and was told I can expect a call in the next 3 days. Are there other/better places to make a formal complaint?
—Tips, suggestions, insights? They will be valued.

regards
elank
elank
 
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Re: No gas, Questions

Postby TenantNet » Mon Jan 09, 2017 1:51 pm

First, what d yo mean by "house pipe?" it the main pipe coming into the building from the street? Or would it be one of the risers coming from the basement boiler to the various lines in the building? As you proceed, get your nomenclature straight.

I wish I could be more optimistic, but the super may be correct. When gas is shut off to a building, the first thing Con Ed does is fix anything leading to the building, so their part is fixed. That's why you have heat, hot water back.

Then they must conduct tests in each apartment to find out if there are any leaks. That can take time. And if there are leaks, they have to be corrected. That is the LL's obligation. LLs are want to sit on it, take their time. But they must get permits from DOB first and then ke any repairs. Sometimes that involves new piping in the basement, and the various risers, not to mention pipes in the walls leading to the meter and then to your stove.

Tenants need to be on top of this, making complaints to DOB and HPD, contacting Con Ed to see what the delays might be, and of course dealing with the LL. That's best done with a tenant association.

Tenants should also demand the LL supply hot plates and reimburse them for additional expenses related to use of electric rather than gas. So keep an eye on your electric usage it's bound to go up. And keep track of when you order in from restaurants because yo can't cook. In our opinion, the LL should be responsible for the difference there as well.

Yes this is a breach of warranty - you might need to commence a HP action or claim a WH defense if you withhold rent.

From now until the end of time, develop a paper trail of communication with the LL. If it's a big LL, don't let up. If it's a small, it's still their responsibility but try to work with them - it might be a burden on them. Just know when to be reasonable and when to stand your ground.

Where dd you see a 50% abatement? I'd like to know. Yes, 15-20% seems more the norm.

Of course you can put rent in escrow, but don't take responsibility for other tenants' rent. Let a lawyer do that. Each situation is different.

311 is where you start. Work your way up to HPD Enforcement. Think about starting a HP action as one part of your strategy.

BTW, I've been through this. I had no gas for 7 months. Some in my building had no gas for 14 months.
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Re: No gas, Questions

Postby elank » Mon Jan 09, 2017 2:48 pm

Beautiful reply, thank you!

"Leaks in the house pipe" is what ConEd said when I called and asked for the reason gas was shut down. I assume it's the main line to the building.

50% abatement was for a building a friend has friends in.

best
elank
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Re: No gas, Questions

Postby elank » Mon Jan 09, 2017 7:47 pm

I heard these days tenants should continue to pay their rent instead of putting in escrow. That doesn't sound right to me. Which do you think beset, escrow or pay as per usual?

best
elank
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Re: No gas, Questions

Postby TenantNet » Mon Jan 09, 2017 8:42 pm

As we said, each situation is different and you need to devise your own strategy. It's best done with help from experienced tenant organizers or a tenant attorney. If you plan on a building-wide action, then consult with an attorney. You might not need a lawyer right away, but at least get the benefit of his/her experience.

Who in the hell made a blanket statement that you should (in all cases) pay the rent and not put rent into escrow (please PM the name/title of the person is he/she is a professional)?

We're not advocating one or the other, but don't take an option off the table. You need to devise a strategy that's best for you and your building. And what you do individually does not mean that all tenants do the same thing.

On escrow, you must be careful and not handle other people's money. Lawyers can set up escrow accounts for all participating tenants, but don't you do it as you should not be in a position of responsibility. Also, in withholding rent, it's very easy to go ahead an spend it on something else. Avoid that at all costs. Seriously, some who withhold rent find themselves being evicted as they can't pay the rent once the case is over. Putting the rent where tenants can't use it for other things is actually for your protection.

Also understand that having rent withheld can change how a non-pay court case goes. A judge can order the rent be paid into court, although an account set-up by an attorney will usually satisfy the court.

Withheld rent can put significant pressure on the LL. Other options include commencing a HP Action, although that often gets dragged out. Keep your focus on getting the cooking gas back, and avoid bringing in all sorts of previous injustices done by the LL.
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Re: No gas, Questions

Postby elank » Tue Jan 10, 2017 1:50 pm

Thanks!
elank
 
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Re: No gas, Questions

Postby Cranky Tenant » Tue Jan 10, 2017 3:46 pm

I suspect the difference in rent abatements depends on how much tenants demand. We had a gas leak in the building where I live and I just happened to be in court with the landlord regarding another issue. The judge gave me a one third rent abatement for each month I was without gas, but some of my neighbors continued to pay their rent and received nothing but a hot plate for the inconvenience. That's why it's important to organize.

You should ask ConEd why part of the gas has been restored. When we had a gas leak we went for months without heat, hot water, and cooking fuel. You want to be certain that nobody has illegally tampered with the gas lines.
I'm a cranky tenant NOT a cranky lawyer.
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