NYS Renter's Rights

Posted by Stephanie Armstrong on November 6, 2009 - 6:35pm
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I am seeking advice. 

I have been under the assumption that when a landlord has not maintained the property he/she is renting to a tenant, it is within the tenant's rights to withhold the rent, provided there is legitimate reason, such as safety hazards or necessary repairs.  In this particular case, those hazards were cited by the city Code Enforcer.  The landlord was notified in writing of the withholding of rent until the repairs were complete and still neglected to complete them.  Then, he brought his tenants to court for eviction and sued for past due rent, interest and service fees.  Though the tenants brought photographs, the documents given to the landlord, the Code Enforcer's report and explained the scenario (8 months of trying to get this landlord to complete repairs), the City Judge still granted in the favor of the landlord, awarding him "past due" rent, interest, service fees and an eviction notice. 

This scenario is confusing, and it seems these tenants have been denied their rights.  Furthermore, it seems the Judge has knowingly refused to protect their rights. 

Any insight would be greatly appreciated.

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Posted by Bruce Wiseley on November 17, 2009 - 9:48am
The tenents should have taken the landlord to court first, that way the facts would have been presented, and then the landlord would have had to explain to the judge why these concerns were not taken care of. New York State Law will protect the tenent, but the proper steps must be followed. The CPLR explains it, although difficult to read at times, and there are Statutes protecting the tenents, but you just can't stop paying the rent, and then expect to receive a favorable decision. Sorry.
Posted by Beth Kinsley on November 26, 2009 - 12:26am
I think the only way you can withhold rent is if you put it in escrow.
Posted by DOUGLAS MCCLURG on December 25, 2009 - 12:18pm
8 MONTHS-boy this economy Is slow
Posted by John Roach on December 25, 2009 - 1:31pm
I checked with a lawyer today who specializes in this area. To withhold all the rent, the apartment must be "uninhabitable". Code violations, on their own, due not justify withholding the rent. The law also says that you have to have the rent ready to be paid if you lose in court.

This does not mean the landlord did not have violations or should not have been reported. But, was the place "uninhabitable". It seems the renter misread the law.
Posted by bud prevost on December 25, 2009 - 1:53pm
John- lawyers are expensive enough on regular hours, I could just imagine the cost on Christmas Day!
Posted by John Roach on December 25, 2009 - 2:22pm
It was free, I know him. I would not pay just to to find that information out.
Posted by bud prevost on December 25, 2009 - 2:44pm
It really must be Christmas- I never heard of a lawyer doing ANYTHING for free! I'll keep it quiet, I wouldn't want to sully the reputation of a legal mouthpiece in this town! HO HO HO, Merry Christmas