Should we get rent deduction?

Dear New York Tenant: A New York landlord is required at all times to provide a habitable home to a tenant. The lack of cooking gas for one month is a breach of the statutory Warranty of Habitability. Unfortunately for tenants in NYC there is no place to go to apply for a rent reduction. Rent Regulated tenants may apply for a reduction in rent due to a denial of essential services but must do so only on forms provided by the DHCR. Tenants without rent regulation may sue the landlord in Small Claims Court to recover a portion of the rent paid during the period that the landlord failed to make a repair to allow for gas service. A tenant may try to use proof of damages for food purchased outside the home because cooking gas was unavailable. If you reported the lack of gas to 311 the City will inspect a report a violation. You do not need to wait for the landlord to get around to doing things. A tenant has the right to take the landlord to court for a judge to order repairs by an HP Proceeding. Read more at: http://www.courts.state.ny.us/courts/nyc/housin... Unfortunately, Courts do not often provide awards of damages for lost income (days at work) waiting futilely for the landlord's repairs. What did ConEd tell you about the gas?

The first think you should do is start a case against your landlord, called an HP Action, in Housing Court. An HP Action is a case where you sue the landlord to obtain repairs. The City will send an inspector to your apartment. If the inspector finds that you have no gas, she will issue a violation. When you appear in court, an attorney from the City will also appear. The court will issue an order directing your landlord to restore gas service to your apartment within a specified number of days. You can file the HP Action at the Housing Court at 111 Centre Street. You can find out more about HP Actions at the link below: http://www.courts.state.ny.us/courts/nyc/housin... Once you have started the HP Action and appear in court you should also try to negotiate a rent reduction, usually referred to as a rent abatement with your landlord. If you are unsuccessful in negotiating a rent abatement with your landlord you should consult an attorney. You should not withhold rent in order to seek a rent abatement without first consulting an attorney. If you get sued for nonpayment of rent by your landlord your name will appear on tenant registries that landlords use to screen potential tenants. If your name is listed on one of those registries you will have a difficult time renting a new apartment in the future.