Dear Legal Aid, Can I , as a tenant withhold rent in the case of lack of heat for a month prior to Hurricane Sandy? Also no locks on doors to building and no hot water for 6 weeks in August/September. I have a month to month lease agreement. At one t ...

Submitted by Heidi Johnson on

Jurisdiction: 

Area of Law: 

Question: 

Dear Legal Aid, Can I , as a tenant withhold rent in the case of lack of heat for a month prior to Hurricane Sandy? Also no locks on doors to building and no hot water for 6 weeks in August/September. I have a month to month lease agreement. At one time I had a lease- Heidi Johnson

Selected Answer: 

According to New York law,

Submitted by elizabethcarlsen on

According to New York law, your landlord has a duty to provide you with heat during what is referred to as the heating season, October 1st through May 31st, if the temperature outside dips to a certain level. For example, if the temperature outside is below 55 degrees during the day or below 40 at night, a reasonable amount of heat must be provided. Keep a record of the date and temperature outside to reference when talking to your landlord. In addition, your landlord must provide you with hot water at a constant minimum temperature of 120 degrees. In addition, you have the right to live in a safe apartment, including one that has a main building lock.First, contact your landlord in writing regarding these problems before withholding rent. If your landlord does not respond to your letter, consider filing an application with the DHCR, Division of Housing and Community Renewal, asking for a rent reduction due to decreased services.  See http://www.nyshcr.org/ for more information. Withholding rent is not a legal remedy and can result in an eviction. For more details about eviction in New York, read http://www.freelegalaid.com/nav/new-york/landlord-tenant-law/article/tenant-law-requires-proper-eviction-notice-new-york.  Also, consider discussing your case with a New York attorney familiar with landlord and tenant issues before you stop paying your rent.  

All Comments

According to New York law,

Submitted by elizabethcarlsen on

According to New York law, your landlord has a duty to provide you with heat during what is referred to as the heating season, October 1st through May 31st, if the temperature outside dips to a certain level. For example, if the temperature outside is below 55 degrees during the day or below 40 at night, a reasonable amount of heat must be provided. Keep a record of the date and temperature outside to reference when talking to your landlord. In addition, your landlord must provide you with hot water at a constant minimum temperature of 120 degrees. In addition, you have the right to live in a safe apartment, including one that has a main building lock.First, contact your landlord in writing regarding these problems before withholding rent. If your landlord does not respond to your letter, consider filing an application with the DHCR, Division of Housing and Community Renewal, asking for a rent reduction due to decreased services.  See http://www.nyshcr.org/ for more information. Withholding rent is not a legal remedy and can result in an eviction. For more details about eviction in New York, read http://www.freelegalaid.com/nav/new-york/landlord-tenant-law/article/tenant-law-requires-proper-eviction-notice-new-york.  Also, consider discussing your case with a New York attorney familiar with landlord and tenant issues before you stop paying your rent.