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Posted by MikeW on February 27, 2001 at 14:53:11:

In Reply to: Can one still ask for a rent abatement? posted by Wendy on February 26, 2001 at 08:04:15:

If you dig through the documentation on this site, you will find the procedure for doing this. Make sure you do everything properly. You can do this alone, but it would be more effective if many tenants are involved.

This will definitely get the LL's attention. When you stop paying rent, the LL will start an eviction proceeding. You can force a hearing in Housing Court, where you can present your evidence to the Judge. This is where doing the work upfront in properly setting up the rent strike comes into play. The judge can force the LL to make repairs, and give you compensitory rent relief.

: I live in a rent stabilized apartment where needless to say, the landlord happily raises the rent every year. However what they DON'T do is care for the property or take reasonable action to correct problems. My apartment has leaky ceilings (always had now for over 5 years) My kitchen cabinets are falling apart, the roaches have become more than out of control, the wood floors are in such a condition that splinters are not uncommon, the bathroom tile floor has a crack down the middle that has my kids and I wearing those beach slippers to keep feet from getting injured on it. The floors are severely warped due to the constant water problems. The stove has a non-working burner, the refrigerator is broken (these are appliances provided by the landlord and provided for in the lease) we have lived here over 5 years, the landlord has never painted since we moved in, the radiators leak and spew water (think of a very hot, thin fountain erupting from the valve on a regular basis). There are 6 buildings in this particular structure, each other building has gotten new mailboxes, ours are still very old, broken down and often cause me to have to pick up my mail at the post office. Since I have notified the landlord regularly of these issues, and no action is being taken to make proper repairs (i.e rather than repairing the plumbing the super constantly simply plasters, no paint, obviously w/o a plumbing job the leaks simply create new holes)Do I have the right to ask for either no increase in the rent or a rent abatement?

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Comments:
: If you dig through the documentation on this site, you will find the procedure for doing this.  Make sure you do everything properly.  You can do this alone, but it would be more effective if many tenants are involved.

: This will definitely get the LL's attention.  When you stop paying rent, the LL will start an eviction proceeding.  You can force a hearing in Housing Court, where you can present your evidence to the Judge.  This is where doing the work upfront in properly setting up the rent strike comes into play.  The judge can force the LL to make repairs, and give you compensitory rent relief.

: : I live in a rent stabilized apartment where needless to say, the landlord happily raises the rent every year. However what they DON'T do is care for the property or take reasonable action to correct problems. My apartment has leaky ceilings (always had now for over 5 years) My kitchen cabinets are falling apart, the roaches have become more than out of control, the wood floors are in such a condition that splinters are not uncommon, the bathroom tile floor has a crack down the middle that has my kids and I wearing those beach slippers to keep feet from getting injured on it. The floors are severely warped due to the constant water problems. The stove has a non-working burner, the refrigerator is broken (these are appliances provided by the landlord and provided for in the lease) we have lived here over 5 years, the landlord has never painted since we moved in, the radiators leak and spew water (think of a very hot, thin fountain erupting from the valve on a regular basis). There are 6 buildings in this particular structure, each other building has gotten new mailboxes, ours are still very old, broken down and often cause me to have to pick up my mail at the post office. Since I have notified the landlord regularly of these issues, and no action is being taken to make proper repairs (i.e rather than repairing the plumbing the super constantly simply plasters, no paint, obviously w/o a plumbing job the leaks simply create new holes)Do I have the right to ask for either no increase in the rent or a rent abatement? 


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