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October 2, 2008
Tenant in building with no C of O
I'm living in a new renovation and the building has no C of O because the construction isn't completed.
Am I entitled to stop paying rent? Also, can the Housing Department kick us out if there are safety violations?
Thanks!
Comments
You sound like a lovely person. Not. Do you like your apartment? Are you experiencing problems because of construction? Do you think your rent reflects a construction discount?
Why are you asking your questions?
Posted by: Putnamdenizen at October 2, 2008 2:30 PM
I guess you could call 311 and file a complaint, see what they say. You could stop paying your rent, as long as you don't mind if the landlord reports said failure to pay rent to the credit reporting bureaus, thereby dropping your credit score by few dozen points at least. Your landlord would then begin proceedings against you in housing court for non-payment. After about six months of non-payment, you would be evicted. You would then try to find a new place to rent, unfortunately, because your credit score is now in the crapper and shows non-payment of rent, no decent landlord will rent to you, and when they talk to your current landlord, or search the housing court records, no slumlord will have you either. Hope you enjoy living under a bridge and eating cat food.
Posted by: bohuma at October 2, 2008 2:49 PM
So you have until the 5th to pay up or what bohuma just stated is exactly what is going to happen wise guy!!!!
Posted by: faithful at October 2, 2008 3:09 PM
Have you confirmed with the DOB website if you have a TCO? There is always the chance if you do report it to the dob they will place a stop work order on the building and evict everyone out until the sponsors can produce a TCO.
Posted by: cinnybuns at October 2, 2008 3:30 PM
stop breaking my balls and pay the rent . The work is almost done in the building ..
Posted by: yourlandlord at October 2, 2008 4:29 PM
Well, aren't you helpful Putnam and bohuma. Not only did you not answer the poster's question, but you were snarky about it. I suppose neither of you have ever asked a question that someone else considered stupid.
OP:As cinnybuns suggested, find out if your building has a Temporary Certificate of Occupancy. If it does, it is perfectly legal for the landlord to move tenants in and collect rent from them. I would also suggest that you read your lease. There may be a clause in there that addresses this situation.
Posted by: Iris at October 3, 2008 9:58 AM
Actually Iris, I did answer Grizzlycat's question, I suggested s/he phone 311. If s/he does that the call center worker will file his complaint with the buildings department who will send out an inspector, and if there is indeed no certificate of occupancy, will proceed as laid out in the law. I also explained what will happen if s/he stops paying rent. No tenant should stop paying rent without seeking legal advice first, and even then the tenant should pay the rent into an escrow account until their dispute with the landlord is settled.
Posted by: bohuma at October 3, 2008 10:27 AM
why do you want to stop paying rent? just to get away with something? unless the place is uninhabitable, why would you want to risk being kicked out or being taken to court? think a little.
Posted by: tiptoe at October 3, 2008 11:59 AM
Is the construction making your apartment unliveable? Did you not know it was going on when you moved in? Sorry, bud, you really sound like you're just trying to get over and acting in bad faith will simply bounce back on you with all the passion of bad karma.
If, on the other hand, it's causing real problems, talk to your landlord first. I don't know why people just can't be bothered to talk to one another first.
Posted by: lurker in the mist at October 3, 2008 2:59 PM
I don't understand the hostility directed to the OP. If he/she is a tenant living in dangerous, hazardous conditions as a result of construction going on in the building, he/she has a right to ask questions about the situation and take appropriate action, including notifying the city about possible violations. Withholding rent is a valid strategy that can be useful in remedying the situation, but it does have risks associated with it. That said, having outstanding violations is a defense in a nonpayment case, and you will not necssarily be evicted in that forum, as bohuma erroneously stated. It is true, grizzlycat, that you should speak to an attorney before withholding rent. You should also check the DOB's website for open violations. Another alternative is to start your own case in housing court against the landlord for violations (both by DOB and HPD).
Good luck!
Posted by: Suzie22 at October 3, 2008 4:10 PM
The hostility is because OP never indicated that(s)he is affected adversely by the construction, or that there is an unsafe condition, or even violations.
It *sounded* as if OP just wants to stop paying rent on a legality. If not, let OP respond.
Posted by: cmu at October 4, 2008 11:18 AM
I did pay rent, but am without heat/hot water. LL is totally unresponsive. I'm reluctant to call 311 and be removed from the building due to the lack of C of O, but don't know how else to get LL to pay attention. Thanks for the helpful responses. I've seen an atty to discuss my options.
Posted by: grizzlycat at October 5, 2008 8:26 PM
It now sounds like you have warranty of habitability issues. Glad you're speaking to attorney. Make sure it's someone who does a lot of landlord/tenant work, cause the CofO problem combined with this will make things tricky.
BTW, if you'd posted that you had no heat/hot water, and that the landlord wasn't responsive, I would've told you not to pay rent and also to see an attorney.
Posted by: Iris at October 6, 2008 10:24 AM
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