Q: For the previous 15 years, I’ve lived in a rent-stabilized condominium in Manhattan. In early July, my oven broke and I texted the tremendous. A number of weeks later, after nothing was fastened, I contacted the managing agent requesting the restore and a lease discount. It wasn’t till October {that a} practical oven was lastly delivered, and I paid my lease with a observe explaining that I used to be deducting $200 to cowl the price of a toaster oven, which I purchased as a brief resolution. I acquired again an authorized letter asking me to pay the $200, plus $155 in authorized charges. Can I struggle this?
A: You might be entitled to stay in an condominium with a functioning oven. Denying you one in all probability breached your guarantee of habitability, a state statute. So, chances are you’ll be entitled to a lease discount.
“Withholding lease is ok,” mentioned Peter A. Schwartz, a Manhattan lawyer who focuses on lease stabilization and is head of the actual property division on the Manhattan regulation agency Graubard Miller. “It was meant that you’ve got a working oven.”
As a result of your condominium is lease stabilized, you could possibly have filed a grievance of decreased companies with the Division of Housing and Neighborhood Renewal, the state company that oversees such flats. You might have gotten a lease discount from the company, however because the drawback has been corrected, that window has closed.
Nevertheless, it isn’t too late to make a guaranty of habitability declare. You may sue the owner in small claims or civil courtroom. When you win, a choose might award you the $200, or extra.
Or, you could possibly do nothing. You gave administration written discover and communicated the issue to them. You’ve created a paper path. Don’t repay the $200 or the authorized charges, and see what occurs. Administration would possibly drop the problem, at which level you could possibly simply transfer on. Or, they may take you to housing courtroom for nonpayment of lease. Housing courtroom shouldn’t be with out threat, as you could possibly find yourself on a tenant blacklist. However even for those who misplaced the case, you wouldn’t lose your condominium, and you’ve got a robust protection, in response to Mr. Schwartz. A choose might rule in your favor, awarding you the abatement, or rising it.
So far as the authorized charges are involved, your landlord can solely accumulate authorized charges in the event that they win a case towards you in courtroom, and provided that your lease permits for it. However authorized charges minimize each methods: When you win the case, the choose might award you the authorized charges.
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