Posted by Mark Smith on July 15, 2000 at 08:39:15:
In Reply to: Is landlord responsible for plumbing in NY? posted by Andre on July 14, 2000 at 11:32:23:
Under the Multiple Dwelling Law and the Housing Maintenance Code, the landlord was required to do the plumbing repair, but you might also be liable for negligence.
If the landlord had done the repair and thought you had been negligent, he could have billed you for the plumbing repair. Depending on the terms of your lease, if you didn't pay, he could have brought a proceeding for additional rent in housing court, and you might also be liable for the landlord's attorney's fees.
If you withhold rent for the plumbing repair, the landlord could take you to housing court, where you might be liable for the landlord's attorneys' fees.
If you really believe that you haven't been negligent, your best alternative would be to sue the landlord in small claims court. All you would probably
have at risk is the $10 filing fee in New York City small claims court.
: a few months back I poured some spoiled soup in my toilet, only for it to clogged by a piece of potato. I called the landlord, he came, he tried, and left saying he could not fix it. So that left me with one choice, call a plumber. Roto-Rotor charged me $91.00 for the job. Now can I withold that amount from my rent check?
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