Posted by Regina on August 22, 2000 at 17:05:34:
In Reply to: Re: No Hot Water = NO RENT !! posted by mike on August 21, 2000 at 23:11:15:
The heat regulations run from October 1st to May 31st, not May 30th. Also, the law states that from 6:00 am to 10:00 pm, if the temperature outside goes below 55 degrees, then the temperature inside must be kept at 68 degrees or higher, from 10:00 pm to 6:00 am, if the temperature goes below 40 degrees, then the temperature must be kept at 55 degrees or higher.
Fifty-five degrees is not cold when you are bundled up in bed and if the apartment has been at 68 degrees or higher all day long. However, landlords lie to the tenants and tenants never check the laws for themselves.
As far as not paying rent, you can't just stop paying rent. You must go to landlord/tenant court and win the case, which you will. As far as waiting six months for a hearing, in order to avoid that you will need to know the words to say. Do not complain that this is unfair, etc. It will get you nowhere, You must say these words exactly "I DEMAND RELIEF." There is a little-known clause in NYS law that says that if a person "demands relief" then they must have a hearing within 24 hours. But you have to say the words exactly.
: There is a thing called " WARRANTY OF HABITABILITY " and a landlord MUST provide hot water 24/7. During the winter months the landlord MUST provide heat according to temperatures set by NYC law. The heat laws are set for slum living however and some high rent building landlords hide behind the heat law. For an example, in the winter from Oct 1 to May 30 the heat law states that from 10 pm to 6 am if the outside temp is 40 or below that the inside temp has to be at least 55 or above. Do you know how cold 55 degrees inside an apt is ?? All slums are 55 degrees at night from 10 pm to 6 am and some high rent buildings with dirty animal landlords running the show.
: There has never been, to my knowledge, any protest from any tenant group etc regarding the torture of a LEGALl 55 degree temp inside an apt. Can you imagine trying to live like that ?? Can you imagine little children being tortured like that ??
: In your case, I would send the landlord a certified letter NOW and explain VERY FIRMLY that you will not live like this anymore !!! You do not have to wait for her to fix the boiler because she can't or doesn't want to. You can call a boiler company and have it fixed and DEDUCT the charges from your rent.
: You can also call her on the phone and tape record the conversation. You can also tape her when you are in person. The tape laws in New York are very simple. The law says that as long as ONE of the people being taped is aware of the tape, then it is legal. Call the D.A.'s office and check it out.
: As far as the deposit is concerned, when you are ready to move give her 60 days notice and use it for the rent. I know it's wrong, however with a vampire landlord, as you describe... you will never see your deposit again unless you went to court and waited maybe 6 months or more to get a judgement and then you have to COLLECT it which is a pain...... Stand up for your rights and don't take advise from weak and frightened people. They are losers and always will be weak and frightened and will raise children in their image. Landlords love weak and frightened people......check out this web site for more information..
: Be warned that this information is not for weak and frightened people
: www.oag.state.ny.us/realestate/tenants_rights_guide.html
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