What is it that you seek to do - Withhold rent? Recover damages? If the premises are illegal, the owner is not permitted to charge you rent, and if you move out , it is unlikely that he will be able to pursue you successfully especially given theevidence that you have accumumated. I wouldn't worry too mucha bout claiming that you were constructively evicted. Put your complaints in writing and leave. As for damages, it sounds like you have a good case. Hire a lawyer and go get em. (I lived in a pretty awful place on mather Street 30 years ago, so I fully understand Broome County housing.)
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
What you have stated here are mostly defenses to an action for eviction for non payment of rent and a counterclaim in such an action. Getting the authorities involved could also result in an emergency vacate order. While you have stated good grounds for getting an abatement in rent, and possibly some damages for personal injury you seem to want to go on the offensive and need more than what you have stated here to do so. I suggest you meet with a landlord tenant attorney and possibly a personal injury attorney immediately because what you have set up so far could result in you having to vacate the premises on short notice. You probably will be relieved of having to pay rent but you don't want to have to vacate. An attorney can help you get the rent sated and get repairs as s well as possibly get you damages without having to suddenly move out.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.