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Posted by Mark Hermansen on September 16, 1996 at 22:16:17:

The gas pipe outside my former building broke around May 15, 1996. ConEd
repaired it within a day and a half. My landlord did not have gas to the
building hooked up and turned back on for 29 days. Accordingly, I couldn't
cook and heat/hot water was, at best, sporadic. I withheld rent under the
Warranty of Habitability Law for 1/2 of May and 1/2 of June, and advised my
landlord of this with letters which I sent with my rent checks. These checks
were cashed, and I did not receive and communication, written or verbal,
from the landlord.

Today, in trying to get by security deposit back (it's been 2 mos. since
the end of my lease), he said he was applying it against the offsets above.

My questions are:
1) Can he (legally) do this, and
2) What's my best recourse, if any? (e.g., small claims, DHCR, etc.)

HELP!!!!!

Thanks,

Mark
mahwak@pipeline.com

Follow Ups:

• Re: Withholding Security Deposit TenantNet 9/18/96 (0)

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Comments:
: The gas pipe outside my former building broke around May 15, 1996.  ConEd
: repaired it within a day and a half.  My landlord did not have gas to the
: building hooked up and turned back on for 29 days.  Accordingly, I couldn't
: cook and heat/hot water was, at best, sporadic.  I withheld rent under the
: Warranty of Habitability Law for 1/2 of May and 1/2 of June, and advised my
: landlord of this with letters which I sent with my rent checks.  These checks 
: were cashed, and I did not receive and communication, written or verbal,
: from the landlord.  

: Today, in trying to get by security deposit back (it's been 2 mos. since 
: the end of my lease), he said he was applying it against the offsets above.

: My questions are:
: 1)  Can he (legally) do this, and
: 2)  What's my best recourse, if any?  (e.g., small claims, DHCR, etc.)

: HELP!!!!!

: 
: Thanks,

: Mark
: mahwak@pipeline.com


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