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no gas for apt for 4 mos -- can tenant start w/holding rent?

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no gas for apt for 4 mos -- can tenant start w/holding rent?

Postby dee20002 » Fri Apr 30, 2010 10:25 pm

Son, NYU student, rented apartment starting Jan 1--which wasn't at all ready (open window, no electricity, etc at first), but became more habitable by mid Jan. However, to this day (end of April), no use of kitchen stove or oven (which came with apt--to be part of apt) because no gas, and landlord will never respond. Can son start withholding rent, or a portion? Isn't a functioning kitchen something that is necessary for habitability -- son has to eat out all the time, can't cook, etc -- and paying fairly high rent for this place. Any suggestions? If he withholds and landlord takes to court, can't he defend with these defects?

Thanks in advance for any thoughts -- I am not from NY and don't know special NYC rental rules and laws though I understand tenants are usually pretty well-protected.

Dee
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Postby queensborough » Thu May 06, 2010 12:01 am

Your son should call Con Edison (gas & electric company) about the gas situation. They should be able to check and see why there is no gas being supplied to the stove. Is there a lease? Why were so many things not working when he moved in (your reference to no electric and open window).

Since he's not hearing from the LL, you can be sure he will when he starts withholding the rent.
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Re: no gas for apt for 4 mos -- can tenant start w/holding r

Postby Landlord's Boy » Mon May 17, 2010 11:39 am

dee20002 wrote: Isn't a functioning kitchen something that is necessary for habitability -
Strangely enough, no. If it didn't work on the day of move-in, and your son moved in anyway and the lease was signed, the landlord isn't obliged to replace non-functional with operational appliances.

This does make some sense. Many old apts. in NY are equipped with built-in appliances people no longer use, like dumbwaiters and iceboxes.
Always Report Leaks Immediately!
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Re: no gas for apt for 4 mos -- can tenant start w/holding r

Postby queensborough » Tue May 18, 2010 7:38 am

Landlord's Boy wrote:
dee20002 wrote: Isn't a functioning kitchen something that is necessary for habitability -
Strangely enough, no. If it didn't work on the day of move-in, and your son moved in anyway and the lease was signed, the landlord isn't obliged to replace non-functional with operational appliances.

This does make some sense. Many old apts. in NY are equipped with built-in appliances people no longer use, like dumbwaiters and iceboxes.


So your saying that if you rent an apartment that has kitchen with a stove and refrigerator that they don't have to be functioning equipment? This makes NO sense at all. Big difference between a functioning stove and a dumbwaiter that's not used any longer.
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