Should I withhold rent?

[sidam]

I live in a NYC. The landlord lives in the basement. I discovered that I have been paying his utilities. Can I withhold rent until the utility companies complete their investigations?

[<rallph>]

WELL do you have a lease????????????

If you have no lease the landlord can give you 30 days to vacate.........

Also believe it or not it is NOT illegal for the landlord to live in an illegal basement apartment......he just cannot rent it out.

But to pay his electricity its called "Electricty Theft" and it is Illegal and a CRIME!!!

[sidam]

I do have a lease. In the rider it says that I will pay my own electric. Key words here, "my own," not LL. Thanks for the info.

[ChrisG]

yeah, you should only pay for your utlities. have you called conEd and had soemone out to investigate? once you confirm the 'oversight' your LL will be forced to separate the power lines or pay for your electricity. so instead of just withholding rent, try getting him to pay your bill until he resolves the issue. thus prompted, he will probably be more likely to act.

[<BB>]

I agree with Chris' answer. If that appraoch does not work, once the investigation is resolved, I would withhold the amount (get an estimate from Con Ed if your unsure) I had overpayed, starting from the beginning of my tenancy. If you do this, make sure you attach a letter explaining the charges (maybe include copy of receipts), send it via Cert. of Mailing to LL.

In the meantime while the investigation is pending, if you continue to pay the full Con Ed bill, then withhold the approxiamate share of the bill your LL is supposed to pay. Once again, you can write him a letter (Cert. of Mailing) stating that until the investigation is resolved, you will withhold "his" portion of the bill from your rent. Caution, if the meters are correct and the entire bill is yours, then be prepared to send him the difference.

I would also do everything by check or money order, making sure to fill out the "MEMO:" portion of it like this:
$800.00 rent -$50.00 Con Ed =$750.00 April '02.
Also photocopy the check or money order prior to sending out.

Once the investigation is complete MAKE SURE you receive a certified copy of the results. Call Con Ed on Monday and ask them to maybe mail it (at a friends address) to you.

At most, your LL can sue you for non payment of rent. If it makes it to trial (highly unlikely) just show your investigation results and Con Ed receipts.

This may also be a civil/criminal matter as he LL knowingly committed fraud, and breached your contract (lease).

NOTE: I based my answer on multiple dwelling law. Your apt. may not be one, if it is owner occupied and has less than 3 units (I think?). To my knowledge, he can give you a 30 day notice regardless if you have a lease. You should check into this further.

Best of Luck!

[consigliere]

If you have a lease, you have a lease. Unless the lease has a clause permitting the landlord (or either party) to cancel the lease, it can't be cancelled, even if the apartment is in a one-family or two-family house.
 
 
BB wrote:
 
I based my answer on multiple dwelling law. Your apt. may not be one, if it is owner occupied and has less than 3 units (I think?). To my knowledge, he can give you a 30 day notice regardless if you have a lease. You should check into this further.
 

[<andy>]

http://tenant.net/Rights/Utility/utilch08.html

here is the link to an Illegal shared meter.......

[sidam]

UPDATE!!!! I informed my landlord on the first, that I was withholding rent pending his resolution to our utility dispute. He went balistic!! I had to call the police to have him removed from my apartment. then in the middle of the night he started pounding on the floor and the bedroom windows yelling I had to go. The next morning, he broke down a wall that separates our apartments, and broke the bedroom window. The police came and did nothing!!!!!! Help!!!!!

[TenantNet]

Call the police again. See the illegal eviction page on TenantNet (there should be a link on the first page). Tearing down a wall is constructive eviction and breaking a window falls into a number of categories. Get photos and witnesses. Call your elected officials (where do you live in NYC - some elected are better than others and some areas have dedicated tenant advocacy groups that might get involved) and have them pressure the police. What your landlord is doing appears criminal. The police often try to say it's a civil matter (the withholding of rent is a civil matter), but the LL's response is a criminal offense. It won't stop until you stop him.

[dakellner@kcdlaw.com]

1. How are you going to prove that you are paying for electricity that you don't use? I would not recommend that you withhold the rent until you are confident that you can prove that your landlord is stealing your electricity.

2. If you are right, the landlord cannot retaliate against you by seeking to terminate your tenancy. New York Real Property Law § 223-b prohibits retaliation for a good faith assertion of rights by a tenant, even if the apartment is not subject to rent regulation.

[Brooklyn Babe]

GOSH!! He sounds like my crazy LL! All the above advice is great, having gone through the "Crazy LL" syndrome here are a couple of extra tips to help you...
1. Print out the Illegal Eviction page: http://www.tenant.net/Rights/illevict/illevict.html
Keep it and a copy of your lease and a copy of Con Ed inspection with you at all times (leave extra copies and other evidence at a friends house or work). When the Officers arrive show them the procedure page and insist that they arrest or summons the LL and you need a copy of the incident report- which they must make on the spot. If they are not willing to comply ask why, and then ask them to call their supervising Lieutenant. Speak with the Lt., quote the law and tell him it is imperative that something be done as you are in fear of your life and safety and have no where else to go.
It is imperative that you write down all info. i.g. officers name and badges, time of incident, phone number of precinct etc...Keep records of conversation.
At the minimum, you will receive an incident report verifying the facts.
Advice: Be friendly and cooperative with the Police. Most of them are unfamiliar with "The Procedure". Calmly educate them. They answer a lot of L/T calls (that do not pertain to their jurisdiction) and try not to get involved. They are instructed to always tell LL's and Tenants "go to Housing Crt". Explain to them that violence, vandalism, breaking & entering, constructive and retaliatory etc... IS in their jurisdiction. Don't be afraid to call your local Precinct and to speak with a Lt. about your situation. Once I did that, the Officers who arrived at my apt.(over 11 times) were always extremely helpful and dealt with my LL (he was arrested 2x and served with a restraining order).
2. Call HPD Complaint hotline, and tell them the condition of apt.:
"If your landlord fails to maintain your apartment and provide essential services, you may report the condition to HPD's Central Complaint Bureau (CCB) at (212) 824-4328. For the hearing impaired, the TTY number is (212) 863-5504. The CCB is open 24-hours a day, seven-days a week."
http://www.nyc.gov/html/hpd/html/assistance/complaint-hotline.html
The Inspectors report will verify your constructive and retaliatory eviction claim.
3. Pictures, Pictures, Pictures! They truly speak volumes. Include in your pictures the front cover of a newspaper like the Daily News for date stamping- keep the newspaper at work, with the rest of your evidence.
4. You may want to file an HP Action:http://www.housingnyc.com/resources/faq/repairs.html#steps
(I would, as it looks better for you if the LL tries to take any action against you...it also strengthens your constr. and ret. evict case).
Once HPD gets involved, most LL's smarten up. The last thing they want is a judge seeing how crazy they are! It also lets the LL know you ain't messin' around and to leave you the Hell alone!
5. Cut/minimize verbal communication off with your LL! Due to his aggressive nature politely tell him that "anything he has to say to you must be written" and you will do the same. Crazy LL's usually reveal their true nature in correspondence, this will also be very helpful in court. Make sure all of YOUR correspondence is void of any aggression or negativity. Stick to the facts and keep it brief and polite. Do not indulge in a back and forth letter campaign. If one of his letters is full of BS, simply reply to what is pertinent (i.g. "under the terms of my lease my tenancy expires...) or simply do not reply.

I know this is a stressful situation, but if you keep yourself educated, ORGANIZED and calm you will succeed. Continue to come back and post on this forum, so we can help and support you. When my LL started his "craziness" (10 mths ago) I knew absolutely nothing of NY tenant law!! Most of my help and education came from this very site, the Pro Se's office at Housing Crt and court clerks. Last Friday my Housing Crt Judge stated that I was "more professional, then most attorneys who have stood before him, and that not only did he encourage me to pursue law as a career, but would gladly provide a reference"

YOU CAN DO IT!!!!!

Best of luck!