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HDFC prorated rent

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HDFC prorated rent

Postby pinkysmom » Wed Dec 05, 2012 12:09 am

I'm a renter (not a shareholder) in an HDFC building in Queens. We lost electricity, heat and hot water during Hurricane Sandy from October 30-November 12 and my family and I were unable to live here during that time. The President of the Coop/Property Manager never informed the tenants about a deduction in rent due to this catastrophe. I took it upon myself to prorate my November rent but she won't accept it. She claims it was an act of nature. What should I do and what are my rights as a tenant?
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Postby TenantNet » Thu Dec 06, 2012 1:44 am

One thing to consider is whether your lease has a [url=Force_majeure]Force_majeure[/url] clause. Aside from that I haven't seen anything specific whether damages from the hurricane can create an abatement from rent obligations. However, in general the Warranty of Habitability should hold in this situation. I don't know if the unit being a HDFC building would be treated any different from other rentals, regulated or not.

Also take a look at this thread in our Reference section: http://tenant.net/phpBB2/viewtopic.php?t=5973 While that deals with fire, the bottom line is the unit is not habitable. If the unit is under rent stab, I would also check with DHCR.
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