Hello all,
I have moved from Europe to NYC, and I am shocked with the low level of protection tenants get here.
I took my landlord to court for no heat-no hot water. The judge issued violation and repair order for this issue. However, this goes from the beginning of the heating season.
Now, according to the law it is a C violation that should be corrected within 24 hours. I have complained to the HPD dozens of times, but only with the court I could have issued a violation.
Yet, I asked the court to put a violation for each 24 hours - otherwise the landlord has all the incentives not to heat. to pay $250 for a violation is much cheaper than heating cost for a building.
The judge didn't reject my claim. She has refused to discuss it at all.
It seems to me that it doesn't make sense - if I were to steal on a regular basis every day from the same person, it would have been a daily violation, and I would have been fined for each time as a different crime. Yet, here the judge believes that two and a half month of no heat is one violation...
Any idea if this was discussed before? any court case? How can I make sure that the judge will discuss it and disapprove my claim, so at least I will be able to appeal to the supreme court?
I will appreciate your help.