water pressure and temp constantly change

[davidgerts]

First I would like to say that this site is very helpfull and thanks to all the people who input such valuable knowledge. I have been suffering from drastic water temperature changes for over a year now. I first complained to the managing agent in Jan of 2002. She gave me the run around for about six months. Then I sent a certified letter complaining about the problem and never recieved a response. Finally I stopped paying rent and sent another certified letter saying that I will withhold the last 3 months of rent and any future rents unless the problems are addressed. I received no response and now have not paid rent for more than 5 months. The LL has filed for eviction in court. Is there anything else I should do to prove that the LL is neglecting the resposibility of providing constant water temperature? Thanks.

[mjr203]

Did you consult a lawyer before taking this course of action?

I am not an expert but from having read many of the regs etc. and posts on this board for some time, withholding rent is a drastic measure that should be used as a last resort because of the legal end game that it brings about.

Water temperature and pressure problems seem to me impossible to justify complete withholding of rent.

Lots of people have trouble in cities (me included) running low on hot water in their buildings and/or low pressure caused by old systems. I don't believe that there is a law in the housing code regarding a minimum water pressure though. There is one regarding water temperature -- and complaints regarding water temperature can be logged with the housing department and inspected.

I do not think withholding all your rent was advisable.

-POINTER

[jot0n0]

I concur with Pointerout, withholding rents should only be used when all other mean of resolutions have been exhausted. City housing enforcement agencies (HPD, DHCR) should have been contacted to document your claim, now it will be just your words vs. landlord. I don't know how old your apt building is, but old tenement type building will typically have constant water temperature change, either during the morning or evening when most of the tenants are using water at the same time. Also if your building uses a one-boiler system for steam heat and hot water, the water will be near boiling in the morning when the heat kicks in.

[uesrenter]

I've been in your situation and sued my landlord for repairs including constant temperature change from icy cold to boiling hot. It was my main reason for registering complaints with the city's 2 depts including the buildings dept. I did not withhold my rent-this is risky and can backfire. I did that with my first apt when I had a leaky ceiling, went to court and luckily won 3 months rent back in arbitration but I wouldn't recommend it.
The water fluctuation is the hardest thing to prove and I couldn't prove it. The inspector simply said the hot water was above the safe temp and that was it. The city unfortunately does not regulate that. I got everything else fixed but my water problem. Since you got an eviction notice you need to file a counterclaim and sue for repairs and state you withheld rent due to the water problem. If you don't have a paper trail though that will be a problem for you. Sent a certified letter today to your landlord asking to fix it.

[joliett]

If it is happening, and you can show it to me, I will prove it for you with a certified engineer's report.

Withholding rent, as previously pointed out is VERY RISKY.

I bet you have a lot more problems that can also be documented.