There was a pipe burst in my apartment which was caused by the landlord's son negligence. He turned the heat off in his place.

Asked 9 months ago - Jamaica, NY

Because the pipe burst it has damages my music equipment that I use for work and I have not been able to work, i also hurt myself running out of the apt.The landlord has sent us a claim from his insurance company but they are saying that they do not cover my things because it is too expensive to claim. And we told him this and he said I will compensate you. But he has changed his mind and when the water leak happened I notified 311 about it and now he is trying to have my mother and I evicted. Because he is refusing to fix my apartment we have held the rent. He also put a defective court papers in my mail box with a stamp, and his lawyer is lying to the housing court that we didn't give them access to measure the apartment, when in fact I have the worker on camera measuring the apartment.

Additional information

He also put a defective court papers in my mail box without a stamp, by letting the superintendent illegal open my mail and placing it in there. He didn't even serve us correctly. And we went the tenant court and I raised the fact of what the landlord did, the clerk asked the lawyer for the affidavit and he couldn't produce one. And four days order they sent us a back dated fake affidavit. We also went to the Civil Court with them and the lawyer asked for an Adjournment for a later date, because he claims that they haven't had access but I have the workers on camera taking the measurements. The court has also assigned a Court Inspector which is a good thing I guess but the landlord's didn't even want us to one to come. HPD was also fined them so water leaks, electrical problems, dirty paint, leaky roof. And keep in mind this happened the first week in January 2014 and now its been a month and three weeks almost two months that the landlord has not attempt to fix my apartment.*

Attorney answers (3)

  1. Bruno Patrick Bianchi

    Contributor Level 18

    3

    Lawyers agree

    Answered . You can ask the judge in Housing Court to award you a rent abatement. You can also start an HP action in Housing Court against the landlord to ensure that the repairs are properly completed.

    http://www.courts.state.ny.us/courts/nyc/housin...

    The above constitutes general information only and should not be considered legal advice.
  2. Elizabeth Shollenberger Esq.

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Mr. Bianchi's advice is good. Take your pictures to court. Your landlord sounds like a real piece of work. If you are living in a small building with fewer than 6 apartments, you are almost certainly not rent regulated, and your landlord is not going to renew your lease. Start looking for a new apartment ASAP.

  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Consult with a lawyer who handles property damage cases.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more

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