disconnected thermostat

[whiteknight]

Hi all
I live in a private apartment with my wife and 2 children. (19 months and 6 months)
My landlord disconnected my thermostat in November of last year so I only got heat when he decided to open the vent for my side of the forced air. Now the summer is here and the thermostat is still not connected. He is basicly hurting my son and daughter who dont understand why they are so hot but only cry.
I have my landlord on video stating that he has disconected my thermostat and admitting that I have no way to control the enviroment in my apartment. Is there anything I can do short of moving and loosing my security deposit to this despot.
Oh and he has decided to put up my rent by a extra $100 shortly after I complained about the heat.
Please help because I would prefer a legal way of dealing with him and not have to result to ripping his head off which might feel tempting but would land me in trouble.



<small>[ June 26, 2003, 09:53 PM: Message edited by: knight ]</small>

[queenswoman]

For the lack of heat you should use a thermometer and keep a log of the indoor temperature and outside temperature. Under warranty of habitability laws from Oct 1 to May 31 when the outside temperature is below 55 the indoor temperature must be 68 degrees or above. Also you could go to housing court and for $35 have an inspector come and inspect the apartment for violations.

As for his raising the rent by a $100 because you complained this is a very common procedure in a non-rent stabilized building (I should know I had it happen to me twice). However, your scumbag ll must by laws wait 6 months to raise the rent as that is against anit-retalitory laws, but don't expect someone like that to abide by the laws - he either doesn't know the law or he'll pretend like he doesn't know the law.

[custudent]

Your landlord was wrong to disconnect your thermostat. And wrong to increase your rent in retaliation.

Is the heat on now? Or is your apartment hot only because it is 90+ degrees outside? I ask because I want to know if your landlord is trying to force you out (constructive evction) by blasting the heat in the summer.

Does your lease mention central ac? If not, while you are entitled to heat in the winter, your landlord is not required to cool your apartment in the summer. Can you intall a window or free standing air conditioner?

If the lease stipulates that apartment has central AC, then you should get documentation that you can not control the temperature in your apartment and take your landlord to court.

[whiteknight]

The lease expired and I am on month to month after 5 years of living here.
As for a stand alone unit the apartment's wiring cannot take a AC unit in the only window where it could go. But to answer your question the origional lease did state that all heating, hot water is LL provided. I was told last year that I cannot install a stand alone AC unit.
Now this year is becoming unbearable.
I think it might have something to do with the fact that his son is nearing 18.
I suspect he wants to move his son into the apartment because of all the arguments I hear upstairs about the subject.
It looks like I will have to put myself into debt to get some peace of mind.
What really gets to me though is how the law has so many loop holes that a shitty LL can use to rip their tenants in NY.
I origionaly come from the UK and this sort of thing would not be allowed to go on there.
My main concern is my children's well being.
That is the thing that really gets to me the fact that some a$$hole of a LL can do this to my children and there seems to be nothing Ican do about it.

[custudent]

Heating and water does not include air conditioning. It sounds as though in your case the landlord has no responsibility to provide AC.

I understand that you are uncomfortable in this weather without an air conditioner, but it doesn't sound as though your landlord is doing anything wrong by not providing ac. The disconnected thermostat doesn't seem to be related to the warm temperature in your apartment. In October, the disconnected thermostat may become an issue.

Since you have a month to month tenancy, the landlord can terminate your tenancy with 30 days notice. If he wants the apartment for his son, all he has to do is serve you with 30 days notice to vacate.

With all do respect, what is the landlord doing to your children? It is not his fault its hot outside. And it is not his responsibility to cool the apartment. Many NY apartments can not accommodate an AC, and many people do without.

Did the landlord provide AC in previous years?

[whiteknight]

Yes the LL did provide AC in all the years before.
There is a flap in the ducts that is supposed to open when my thermostat senses that the temp is either too hot or cold. So by disconecting this thermostat he is only preventing Heat/AC from coming into the apartment.
He has disconected the thermostat to prevent this flap from opening so when he is nice and cool (or warm in winter) there is no way for the air to come out of my vents. I feel he is doing this for only one reason. To make our life hell.
This morning I attempted to talk to my LL but he jumped in his car and sped off when he saw me coming. Like I said before it looks like I will have to get into a hell of a lot of debt to move.
This I will do and take action later.
Revenge is a dish best served cold.

[too trusting]

Wouldn't he get a rent reduction because services aren't being provided that were before?

[custudent]

It wasn’t clear that you were getting AC before this summer. AC is not a standard utility and many city residents do without it.

I think this is going to be a difficult issue to resolve favorably.

One of the key problems is how to prove that you are not receiving a service that you previously received. Your lease doesn’t stipulate AC. Unfortunately, the fact that the thermostat is disconnected doesn’t prove anything because thermostats don’t necessarily regulate AC. Your landlord could claim that the thermostat controls a heating unit only. Because he provides adequate heat in the winter, this disconnect becomes a non-issue in June.

From what you describe, it sounds as though the landlord was going to ask you to leave so he can have the apartment for his son. It’s probably better to leave sooner rather than latter. The rental market is pretty good right now. The debt is certainly unfortunate, but unanticipated moves are a risk we accept for the freedoms of month-to-month tenancy.

What kind of action do you want to take after moving? If you plan on suing, make sure you have good records that you informed the landlord that your apartment was not being air-conditioned and proper documentation that AC was not available.

[too trusting]

Originally posted by custudent:
It wasn’t clear that you were getting AC before this summer.

He posted he's been getting AC for the last 5 years. Testifying in court that he'd been getting AC would be enough proof, wouldn't it? And if the LL decides he's not giving him AC now, wouldn't that mean a rent reduction because of a decrease in services? Or even harassment or contructive eviction (or whatever its called I've read the term here somewhere)?

[custudent]

It could be his word against the landlord's. In thoses cases, it is hard to predict how the judge would rule.

I got the impression this was a small building and there are not many tenants to corroborate that AC had been provided in the past.

It is possible that the judge will rule in the landlords favor and order the tenant to pay the landlord's legal fees. Because OP mentioned going into debt to move, I got the impression that he could not afford this risk.

For constructive eviction, the apartment would have to be unlivable. Changing the locks, turning off the power, toxic mold (new one), etc. AC is a luxury. The city does not think that 100+ degree temperatures makes an apartment unlivable.

There are a few issues with a rent reduction. The first is that the tenant would have to prove reduction in services. I've explained why I think that will be hard. Second, because the tenant is not regulated his protections are limited. Third, the tenant is a month-to-month, meaning that his tenancy can be terminated by the landlord with 30 days notice. While retaliation is illegal, it's common. The tenant might win his rent reduction only to find himself looking for a new apartment.

The potential gain of a rent reduction is small. Given the risk of having to pay the landlord's legal fees and the likelihood of him having to move anyway, I would not bother seeking a rent reduction.

But that's just me. OP might chose to do things differently.

I have seen many people live to regretsuing their landlords when they did not have an iron-clad and well documented case. It doesn't always matter who is right, it matters who can prove their case more convincingly.

[too trusting]

Yep, I've been there, in court I mean. Won both times, collected from one still trying to collect from the other. ALWAYS insist on a lease before you move in, if they say they don't do leases, insist on it, if they still don't want to have a contract then find another place. Its hard enough trying to fight when you're right, its downright impossible if you have nothing in writing.

The only other thing I can think of is if you have friends who would be willing to testify in court that they were witnesses to the fact you had AC all those years.

[HardKnocks]

http://www.refreshhome.com/hgsf608r.html

[whiteknight]

Alas the wires are disconected in his side and not on my side or I would have already reconnected it. Thanks for that Link BTW. That looks like a good solution and seeing as he pays the water bill it will not matter how much water I use.
We have alway's been good considerate tenants because we try not to make noise and we have always tried to conserve things like water and the heat/AC.
I do believe that you have a responsability as a tenant to respect others and not to take unfair advantage. I have never been late once with the rent and this is how we are treated.
So if anyone knows of a fair LL in Staten island with a 2 bedroom for rent let me know.
As for taking this guy to court, this is something that I feel wont get me anywhere. Well I do have my LL on video stating that he did say AC was included and also that he disconected my thermostat. But the hassle of all this and the loss of money (Time off work) is not worth it.
I think that reporting him to the IRS for undeclaired income would be much better once I am out of here.
An audit I feel will teach him a better lesson than any housing court. After all there are only 2 things in this world you can be certan of. DEATH and TAXES.

[too trusting]

Let me know how you report someone to the IRS because thats the next step with my ex-LL. Also have you tried Silver Lake apts? Its a 10 min. bus ride to the ferry (4 buses stop there) and they were reasonable when I checked them out last year but we found a place closer and cheaper to the ferry. If I remember right 2 bdrms were going for $1250 there and you have a balcony with a great view of the lake, the park across the street with nature trail etc...