Faithfully paying rent, but now want to sue. Plausible?

[j. benton]

I am a college student, and because of that, I have been paying rent (since October, month-to-month) on a ROOM in an apartment inside of a house. The house has two apartments and a studio in it. There are three other people living in the apartment I reside in, each of which have a separate lease.

I have had several problems since moving here, including disputes with the landlord regarding heat, electricity (the fuse kept blowing out) and, most ingly, rodents. She never fixed the latter problem. She claims she called an exterminator, who gassed the basement, but the handyman says the exterminator gassed for BUGS, and that even if he had treated the apartment for mice, it would have been proper for him to have treated all three floors since, otherwise, the mice would have simply traveled upward, to my apartment.

Additionally, I have had to call the police on two occasions because of aggravated harassment against me, courtesy of one of my roommates and her girlfriend. In one case, the roommate's girlfriend physically assaulted me, and in another, she and my roommate broke down the door to my room. When I spoke to the landlady about this, she became angry that I called the police, and has taken no steps to ensure my safety. Most appallingly, she recently asked me to leave, saying that 'I don't get along,' with the other roommates, and she has been getting complaints from them and the neighbors about my calling the police. I believe that calling the police was the only proper thing to do in my situation, and that her asking me to leave is retaliatory.

I was wondering what my options are in the way of suing the landlady. Can I sue her for at least part of the rent I've already paid, citing her lack of action in matters concerning the livability and safety of the apartment, or is that unheard of? If so, for how much and with what sorts of evidence?

Also, do I have to leave? It doesn't seem fair that she should ask me to leave because I called the police on someone who had been violating me! Surely there are laws which protect tenants in my sort of renter's situation from such nonsense.

Please help!

[Anna]

1. If you have a written lease, is it for a definite period of time, such as one year? or does it clearly state that it is month-to-month, such as a Blumberg 202 lease? ( http://www.blumberglegalforms.com/ )
If mtm, what does it say about notice to vacate?

2. It may be illegal for LL to rent this apt out as single room occupancies, esp if it is a wood-frame house.

3. Did you apply for an Order of Protection against the person who assaulted you? It would prohibit her from from coming within xx feet of you (even if it means he can't live in his own apt).

Can't recall the tel or new name for Victims Services, but get more info online here (ignore the fact that it is geared to 'domestic violence', besides, that is how NYPD treats disputes between neighbors or 'roommates'):

http://www.nyc.gov/html/ocdv/html/services/courts_help.shtml

4. "Can I sue her for at least part of the rent I've already paid, citing her lack of action in matters concerning the livability and safety of the apartment...?"
YES, you can sue in Small claims court for up to $5000 for a rent abatement for violating the WARRANTY OF HABITABILITY. Search for that term in these forums and here: http://tenant.net/

[Downtown]

Your safety should be your primary concern. The tension in your apt. has already reached violence and an order of protection will not necessarily guarantee your safety...it probably will only escalate an already volatile situation.
Your LL would need to serve you with 30 day notice to terminate (if rent is due on the 1st would have to be today to be effective for March 31...so at earliest looking at end of April). [LL on MTM, with proper notice can terminate without reason. Retalitory eviction is very hard to pursue.] Do you have police reports.
Here's the rub...pursuing damages for warranty of habitabilty is not a slam dunk....that you continue to reside in apt. shows the fear/safety level is low.
Research if building and your apt. is legal. www.nyc.gov Go to building dept.
Clearly, LL has decided better to remove you to end this conflict. If you feel LL has not responded to rodents and violence (by warning roommate of eviction if continues)...then would withhold all or part of any future rent. Definitely would use deposit for last month's rent. Be prepared to back this up with police reports, pics of broken door, evidence of mice (pics of droppings or mice).
If apt. is illegal then no further rent is due (though you cannot get back rent paid).
Best advice is to move.