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- Newsgroups: nyc.general
- Path: sparky!uunet!psinntp!wrldlnk!usenet
- From: "Michael Smith" <p00004@psilink.com>
- Subject: Re: WANTED: Info on Renters Rights in NYC (or sources of info)
- In-Reply-To: <1992Dec22.204642.2115@panix.com>
- Message-ID: <2934214145.0.p00004@psilink.com>
- Sender: usenet@worldlink.com
- Nntp-Posting-Host: 127.0.0.1
- Organization: Performance Systems Int'l
- Date: Wed, 23 Dec 1992 19:45:21 GMT
- X-Mailer: PSILink-DOS (3.3)
- Lines: 45
-
- >DATE: Tue, 22 Dec 1992 20:46:42 GMT
- >FROM: Jack Szwergold <jis@panix.com>
- >
- >Hi people.....
- >
- > I need to get any info that is available regarding tenants rights
- >withing New York City. This is with regards to heat/hot water service,
- >and what can be legally done if the landlord fails to provide such
- >services......
-
- There is a legal doctrine called "warranty of habitability", under which
- the landlord is expected to provide the basic services you mention and
- isn't entitled to your rent unless he does. The usual technique is to
- withold your rent (ideally you get some other tenants to do so too at
- the same time; this *really* gets his attention). He tries to evict you
- for non-payment. In landlord-tenant court, you demonstrate the absence
- of the basic services. (A city inspection in which violations are found
- is helpful; you have to call the buildings department over and over and
- get the inspectors to visit.) The judge orders him (on pain of contempt)
- to fix the boiler, or whatever, and often awards you a "rent abatement";
- in other words, you get to keep part of the rent you witheld, and pay
- the landlord only a part. During the "rent strike" (that's what this is
- called) it's a good idea to pay your rent into a separate account,
- called an "escrow account"; judges like this because it shows good
- faith.
-
- I know the phrase "tries to evict you" sounds ominous, but what that
- means is that he goes to court and asks the judge for an eviction order.
- Of course you go too and say your piece. The judge will *not* evict you
- for a services-related rent strike. The very worst that can happen (if
- you can't get an inspection that shows violations, and you draw an
- unsympathetic judge) is that he'll tell you to pay the landlord his
- money, and things will return to the status quo. Except that they won't,
- quite; you'll have shown the landlord that you're somebody to reckon
- with, and he'll know he may not be so lucky the next time.
-
- Call the Columbia Tenants Union, (212) 866-4332; they organize lots of
- rent strikes, and conduct a rent and housing clinic on Tuesday and
- Thursday nights (I believe) where you can get more detail and get it
- from a lawyer (I'm not one).
-
- Good luck. I've been through this myself, and it's work, but you can
- actually win these.
-
- --Michael Smith
-