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Posted by TenantNet on December 08, 1996 at 02:50:42:

In Reply to: Heat complaints /Landlord,"Take it or move out." posted by D.A. on December 07, 1996 at 17:03:59:

: I have been living in this apartment in Queens for about a 6 months now.
: The building has 4 dwelling units. The landlord lives on the first floor
: and I live on the 3rd floor. I have no lease. I am on a month to month
: rental basis.

: I have been complaining to the Landlord for about a month now regarding my
: apartment heat situation. Half the time he would turn up the heat and half
: the time we would not do anything. He even told me that my thermometer not
: accurate because it is not digital.

: Today (12/7/96) its about 40`F and the room temp is at 63'F. He shows that
: the thermostat is set at 73'F in their apartment. He said that he could raise
: the temp further but that would increase his heating bills. He said that if
: I find it too cold then I should just move out.

: I may have to move out if this is the situation but its hard to find and move
: to a new aparment during winter. I am afraid that he might retaliate and kick
: me out (or perhaps raise my rent) if I file a complaint.

: How do I protect myself from any landlord retaliation?

You're not regulated and without a lease so you have little protection.
You could call to get an inspection but HPD has few inspectors left and
is known for "losing" complaints or violations. You could keep complaining
or withhold rent, but yes, you do encourage retaliation. [you should also
read the heat minimums on the web page]. Document your complaints in
writing, so if he does take you to court on a bodus holdover, you can
claim it's a retaliatory eviction. See Real Property Law for this section.
That will not protect you forever, but it might buy you time until the spring
or give you enough time to find a new place. You should also get in touch
with the Queens League of United Tenants (QLOUT). People in your situation
should have some protections.

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Comments:
: : I have been living in this apartment in Queens for about a 6 months now.
: : The building has 4 dwelling units.  The landlord lives on the first floor
: : and I live on the 3rd floor.  I have no lease.  I am on a month to month
: : rental basis.

: : I have been complaining to the Landlord for about a month now regarding my
: : apartment heat situation. Half the time he would turn up the heat and half 
: : the time we would not do anything.  He even told me that my thermometer not
: : accurate because it is not digital.

: : Today (12/7/96) its about 40`F and the room temp is at 63'F.  He shows that 
: : the thermostat is set at 73'F in their apartment.  He said that he could raise
: : the temp further but that would increase his heating bills.  He said that if 
: : I find it too cold then I should just move out.

: : I may have to move out if this is the situation but its hard to find and move 
: : to a new aparment during winter.  I am afraid that he might retaliate and kick
: : me out (or perhaps raise my rent) if I file a complaint.  

: : How do I protect myself from any landlord retaliation?

: You're not regulated and without a lease so you have little protection.
: You could call to get an inspection but HPD has few inspectors left and
: is known for "losing" complaints or violations. You could keep complaining
: or withhold rent, but yes, you do encourage retaliation. [you should also
: read the heat minimums on the web page]. Document your complaints in
: writing, so if he does take you to court on a bodus holdover, you can
: claim it's a retaliatory eviction. See Real Property Law for this section.
: That will not protect you forever, but it might buy you time until the spring
: or give you enough time to find a new place. You should also get in touch
: with the Queens League of United Tenants (QLOUT). People in your situation
: should have some protections.


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