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Warranty of Habitability

Posted by Brooklyn on September 28, 2001 at 10:31:03:

I have lived in a single apt-non-regulated housing in Bklyn. for 7 years. Current lease valid until late 2002. Throughout the entire time , the landlord has continually promised to repair things in the apt. that are a safety hazard (warped floorboards-exposed nails). In Aug. we withheld rent under Warranty of Habitability. He sued us for non-payment.
I have a court date and the LL's atty is saying that we are: -responsible for all repairs (untrue-unless we caused damage-we didn't)
-responsible for his legal fees
I took the LL's word every time he renewed our lease that he would do repairs. I never brought an HP action because tried to avoid court- does signing leases negate his oral contract to do repairs?
I had a housing inspection- several B violations- when does he have to have these completed? our court date is 3 wks after the inspection.
Thanks for any input

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