The tenant is withholding rent due to a repair. Can I evict him because of this? I think it is against the law in New York to withhold rent due to a repair. Can you confirm this? And where can I print this info out to take with me to court?
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According to the below article the tenant has the right to do so... But if you can prove that the repair is indeed complete.. Then there is no reason to withhold rent.
Q18. What other rights do tenants have?
The Warranty of Habitability Law, the Housing Maintenance Code, the Multiple Dwelling
Law and other laws guarantee tenants certain essential services and protections.
Tenants have the right to a safe, well-maintained, livable apartment, to organize and
hold tenants' meetings in their building and to make complaints about lack of
services without reprisals or harassment.
Owners must: Identify and register with HPD the name of both the owner and agent
authorized to make emergency repairs; post a phone number in the building where the
owner/agent can be reached at all times; provide regular extermination services if
needed; provide daily garbage disposal by compactor or in a sufficient number of
covered garbage cans; keep public areas of the building and lot clean and free of
vermin; provide janitorial services; and keep the building in good repair. In
apartments, this means walls, ceilings, floors, windows, plumbing, heating,
fixtures, doors, functioning locks on each apartment, owner-installed and
maintained appliances, adequate lighting in building public areas, peepholes on
apartment entrance doors, elevator mirrors and locks on all main building
doors.
you can find the rest at assembly.state.ny.us
answered 7 months ago
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He should pay you your rent if he does not you can get him to leave with the help of the police is he saying the job was not done right if so get a builder to go in and pass it ,he will not have a leg to stand on if its ok
answered 7 months ago
