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Posted by John on June 09, 2000 at 09:22:55:

In Reply to: rent reduction and repairs posted by Herman P. on June 08, 2000 at 20:17:34:

Rent reduction is only enforcable by a Housing Court Judge, you can not reduce the rent yourself or argue with the landlord, because the amount of suffering is always open to discussion.

In most cases for example when a landlord shut off a service, the tenant(s) take the landlord to housing court by either withholding rent or starting an HP Action, then with your statements of ongoing problems the court sends a housing court inspector to verify the violations (lack of services) in reference to the case and report it to the Judge. If the landlord tells the Judge on his own that he shut off services for repairs for a number of days then the Judge may or may not order a rent reduction for the tenant and close the case without a resolution (because the violation doesn't exsist anymore).

Anything over two weeks with documantation from either the landlord (Letter(s) informing you of building wide work) or HPD complains provides you with proof that you reported the violations to HPD. An inspector will visit the building and your apartment in relation to your complain(s) so it is important you report everything wrong.

Rent reduction is not automatic.

Good luck

: My apartment was damaged by an upstairs leak in my apartment building three months ago. The landlord repaired the damage but did not reduce my rent before the damage was repaired, as the law requires. Am I entitled to subtract part of this month's rent to make up for the time I was living in a damaged apartment? If so, how do I figure out how much to subtract?

: I am a rent-stabilized tenant in Manhattan.

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Comments:
: Rent reduction is only enforcable by a Housing Court Judge, you can not reduce the rent yourself or argue with the landlord, because the amount of suffering is always open to discussion. 

: In most cases for example when a landlord shut off a service, the tenant(s) take the landlord to housing court by either withholding rent or starting an HP Action, then with your statements of ongoing problems the court sends a housing court inspector to verify the violations (lack of services) in reference to the case and report it to the Judge. If the landlord tells the Judge on his own that he shut off services for repairs for a number of days then the Judge may or may not order a rent reduction for the tenant and close the case without a resolution (because the violation doesn't exsist anymore).  

: Anything over two weeks with documantation from either the landlord (Letter(s) informing you of building wide work) or HPD complains provides you with proof that you reported the violations to HPD. An inspector will visit the building and your apartment in relation to your complain(s) so it is important you report everything wrong.

: Rent reduction is not automatic.

: Good luck  

: : My apartment was damaged by an upstairs leak in my apartment building three months ago. The landlord repaired the damage but did not reduce my rent before the damage was repaired, as the law requires. Am I entitled to subtract part of this month's rent to make up for the time I was living in a damaged apartment? If so, how do I figure out how much to subtract?

: : I am a rent-stabilized tenant in Manhattan.


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