Posted by SamE on July 15, 2001 at 23:50:21:
In Reply to: Re: Rent Abatements posted by Dayann on July 15, 2001 at 23:24:57:
NOW, if anyone has any information on what is usually considered to be a
"constructive eviction," please let me know.
That's when unrepaired conditions are so bad you are forced to leave your apartment and when the landlord sues for the rent, you won't have to pay. Or: like, say, a pipe breaks, waters cascades down the wall, wall partly falls down, mold starts growing.... and the landlord still doesn't fix it. You leave at least part of the apartment: the room with the unfixed wall.
Most tenants in NYC don't leave their apartments even with unfixed walls, cause: where are we going to go in this housing shortage? It's not like there's an empty apartment on the next block for the same rent price.
Most tenants who withhold rent because the landlord is withholding repairs get rent abatements from court when the landlord sues them. It's called the warranty of habitability.
Both of these things are also actual laws: maybe if you search for those terms in the forum search you'll get to an earlier message that does a better job of this than me and to the actual laws posted on tenant.net, NY pages. Or it might be in one of the books in the court pages.
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