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Posted by Anna on February 05, 2000 at 11:03:18:

In Reply to: Withholding rent-NO Heat posted by Peter on February 03, 2000 at 11:42:45:

: I live in an apartment building(free market rental in the financial district) in which I pay for my heat. The building's staff has acknowledged the the heating units in my apartment are not large enough to heat my apartment. The temperature in my apartment rarely reaches above 62 degrees even though the heating units are set to 95 degrees. Can I withhold my rent as long as I document the inside and outside temperatures and file complaints each day my apartment does not reach the required minimum temperature?

The Heat Laws apply to all tenants in any kind of building in NYC. MDL 79, a state law, covers all multiple dwellings. HMC 27-2028 and 27-2029 expand the MDL to all tenants.

Read the Heat section on TenantNet Home.

Withholding rent is not tenant-right guaranteed by law, it is a tactic. Withholding can get you at the wrong end of a non-payment proceeding and possible eviction. Try everything else first. Read about all this on TenantNet Home.

Follow Ups:

• Anna what if someone is living illegally in a commercial space with commercial lease? John 02/06/00 (0)

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: : I live in an apartment building(free market rental in the financial district)  in which I pay for my heat.  The building's staff has acknowledged the the heating units in my apartment are not large enough to heat my apartment. The temperature in my apartment rarely reaches above 62 degrees even though the heating units are set to 95 degrees. Can I withhold my rent as long as I document the inside and outside temperatures and file complaints each day my apartment does not reach the required minimum temperature? 

: The Heat Laws apply to all tenants in any kind of building in NYC.   MDL 79, a state law, covers all multiple dwellings.   HMC 27-2028 and 27-2029 expand the MDL to all tenants.

: 
: Read the Heat section on TenantNet Home.

: Withholding rent is not tenant-right guaranteed by law, it is a tactic.  Withholding can get you at the wrong end of a non-payment proceeding and possible eviction.  Try everything else first.  Read about all this on TenantNet Home.


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