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 in response to Tenant in building with no C of O

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 in response to Tenant in building with no C of O

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 in response to Tenant in building with no C of O

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 in response to Tenant in building with no C of O