Withholding rent in NYC?

Asked about 2 years ago - New York, NY

I live in a group home temporarily that I wa given as a disabled person. It is a Section 8 program. The house is supposed to be totally alcohol and drug free. My adjacent neighbot continually smokes marijuana, and he confronted me after he figured out I turned him in. I do not do drugs and do not want to breathe in the smoke. The management confronted him, but now at the hours I used to smell marijuana I smell heavy incense, no doubt disguised to conceal the pot. The incense was never there before. Am I within my rights to withhold rentpending the staff satisfactorally addressing the issue?

Attorney answers (2)

  1. Steven Warren Smollens

    Contributor Level 20


    Best Answer
    chosen by asker

    Answered . Dear withhold rent pending?

    And that may only lead to your eviction, loss of your section 8, loss of a group home and with no consequence to the staff.

    Withholding rent is a litigation tactic orchestrated by a tenant, after laying all the groundwork to mount a legal defense and offense,to a lawsuit started by the landlord to gain the unpaid rent and evict the tenant, where by design the tenant want to induce the landlord to agree without a trial to abate rent, perform necessary repairs and address certain other tenant grievances that may constitute a breach of lease and a breach of the statutory warranty of habitability, as well as to force the confrontation to a trial for a judge to decide in the event the issues are not settled, to the tenant's satisfaction.

    There are administrative remedies available through section 8 that you should explore with a counselor and social worker to deal with the home's administration's failure to cause a resident to conform to the rules or move that resident elsewhere.

    Housing Court simply does not lend itself to satisfactory solutions where the problem is internal to the group home's management.

    In any case, you would not want to initiate a situation that could lead to you being evicted without making sure that you have an attorney guiding you through this.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Jeffrey Jose Estrella

    Contributor Level 13

    Answered . It seems the landlord is not the wrongdoer and is doing what they can. I don't think you can withhold rent.

    Hire a lawyer to protect your rights.


    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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Tenant rights

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