35 days with no gas or hot water

[James]

I need some guidance. No gas or hotwater for over 35 days. hot water just got turned on 2 days ago but the stove is still out and counting.
most tenants paid last months rent assuming it would be over by now.
The tenants are having a meeting tonight to determine if we should all pay rent minus the 25 dollars a day food fee(less than half the rent) or if we should continue in the court system. We know we can be sued if we dont pay but some think she wont because it would be 20 cases. Shes cheep and the gas problem was from neglect
over 15 leeks in the pipes. con ed inspector suggested that we do the deduct food cost .
should we withhold and hope for the best or continue with the courts+we have to hire a lawyer dont we?. I know this has cost me more than 25 a day with delivery food more if i ate out. I figure if we do this then our rent balance will stay negative and could disrupt credit.
what do u all think

[Brooklyn Babe]

Further to my original answer:
http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=3;t=000101
Did you call the HPD Complaint Hotline to document the conditions? Did you start the HP Action? It's quite simple and you do not need a lawyer as the Crt Clerk will explain the procedure and HPD has it's own lawyers in the HP section that litigate the case on you and the city's behalf.
Ok, here's my suggestion:
1. Go to the local Housing Crt. (MON.) and start your HP Action re: the stove etc. (If you haven't done so call the HPD Complaint line to report the conditions also)
2. Deduct the cost of food expense (keep/organize your receipts) and hot water inconvenience from your rent.
3. Send a check via certificate of mailing, to the LL for the remaining rent (if there is any). Be sure to document in the MEMO: section the check the deduction. Ex. "July rent $800.00-$750.00 habitability expenses per attached =$50.00". Attach a letter/breakdown of the dates there was no hot water, gas etc..be sure to list the outstanding conditions and request that they be fixed immediately. You can copy the letter, so that all tenants are sending in the same letter via cert. of mailing with their check. Keep a copy of letter and check.
Sample letters that need to be tweaked to your situation...:
http://stlouis.missouri.org/501c/hcf/Repairs.htm
"To prove a breach of the implied warranty of habitability, you must prove four things:
1. You had a lease for residential property,
2. Dangerous or unsanitary conditions developed after you moved in, which "materially" affected the "life, health, and safety of the tenant,"
3. You must have given reasonable notice of the defects to the landlord; and
4. The landlord must have failed to make the apartment habitable.
If you decide to withhold your rent and sue for breach of the implied warranty of habitability, follow these steps:
1. Send a letter http://stlouis.missouri.org/501c/hcf/repair.htm to your landlord, by certified mail, listing everything that is wrong with your apartment. Include the dates of all the previous times that you have told your landlord about all of the repair problems, and the dates that each thing broke. For example, include things like "my furnace stopped working on November 10. I called and told you about my broken furnace on November 10, November 12, and November 15. My furnace still does not work etc..."
Other samples
http://www.ocf.berkeley.edu/~asucrla/repairs5.shtml
http://www.palegalservices.org/Community_Education/HTML_Brochures/habitability.htm
4. I doubt that the LL will start a non pymnt proceeding while the HP Action is pending (most LL lawyers do not advise their clients to do so). In the HP section, during pre conference, the HPD lawyer will most likely attempt to get your LL to agree to an abatement of rent, which would be a part of a stipulation agreement. If your LL disagrees, she has the right to sue you for non pymnt.
5. If she sues you for non pymnt, you can use the results and reports from your HP Action as evidence. The letter(s) to her, a calendar of days without services, inspection reports etc... is all good evidence. Make sure you file a "counterclaim", using warranty of habitability clause etc.
6. The chances of you receiving an abatement of rent is pretty good. The question is "how much"?. That can only be determined through negotiations or a judge. I suggest saving the portion of rent not paid, in case your abatement is not as large as you'd hoped. Although I suspect that it will be as your conditions are "CLASS C" violations, which are classified as rent impairing violations.
Read: http://www.tenant.net/Other_Laws/RPL/rpl07.txt
RPL Sec. 235-b. Warranty of habitability
http://www.tenant.net/Other_Laws/MDL/mdl08.txt
MDL Sec. 302-a. Abatement of rent in the case of serious violations.

As for the question of how this will look on your credit...see
http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=000108

Best of Luck!

[Cranky Tenant]

I had a similar problem about a year ago when the gas was shut off because of a leak. In our case, ConEd posted a notice on the front door so there was no problem documenting it. Hot water was restored in a week or two by bypassing the boiler and main gas lines.

I just happened to be in court with my LL on another matter so, when the gas issue came up the judge commented "you know she's going to get an abatement for that" My LL agreed to a third off as long as the outtage continued. All in all it took about four months because new gas lines had to be installed and it had to be inspected by ConEd before the stoves could be used again.

Either photocopy or photograph the ConEd notice. The courts seem to take lack of gas pretty seriously. Your LL could take you to court for non payment but as long as the deduction is reasonable it's highly unlikely she'd win.

In the meantime you might want to pick up a microwave oven to save on take out food.