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Posted by TenantNet on September 06, 1996 at 18:06:45:

In Reply to: How long for habitability? posted by Tenant_Bob on September 06, 1996 at 11:47:23:

: My refrigerator's freezer broke and the appliance has been out of
: commission since Monday. Realty Management company notified Tuesday
: morning. If they promised to inspect, repair and replace and haven't
: secured the inspection by Friday, can I purchase a new fridge and
: deduct a portion of the purchase price from rent going forward?

This is dangerous. "Repair and Deduct" is possible in NY, but it can be tricky
annd not always assured. There is no law that gives tenants this option.
Make sure the owner is notified via certified mail and you have provided
stated times for access (they will claim you denied access). You can then
complain to DHCR (which we think is not a good solution) or withhold rent
and use the lack of repair as an affirmative defense in housing court. If you
bought your own refrigerator, it's connnceivable the owner could take you
to court for installing your own appliance.

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Comments:
: : My refrigerator's freezer broke and the appliance has been out of 
: : commission since Monday.  Realty Management company notified Tuesday 
: : morning.  If they promised to inspect, repair and replace and haven't 
: : secured the inspection by Friday, can I purchase a new fridge and 
: : deduct a portion of the purchase price from rent going forward?

: This is dangerous. "Repair and Deduct" is possible in NY, but it can be tricky
: annd not always assured. There is no law that gives tenants this option.
: Make sure the owner is notified via certified mail and you have provided
: stated times for access (they will claim you denied access). You can then
: complain to DHCR (which we think is not a good solution) or withhold rent
: and use the lack of repair as an affirmative defense in housing court. If you
: bought your own refrigerator, it's connnceivable the owner could take you
: to court for installing your own appliance.


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