Can I break my lease in NYC for leaking windows/heat issues?

[tinamarina]

I moved into my apartment last August. The apartment faces the river with no means for blocking the wind that gusts off of the river. Since the winter started and the temperature dropped, I have had days in my apartment when the temperature inside is in the 40s. And that is with a window plastic wrap insulation kit. And there is still a windchill inside. Not kidding. The plastic bows out and rips at the seams because the draft is so strong.

There are several cracks around the windows in the walls and around window frame. The window also is not sealed properly. On windy days, the air comes rushing in and no matter how the heat is working, it cools down the apartment to unlivable conditions. One day when it was snowing and windy, it snow actually collected inside on my window frame!

I have notified the landlord via email that there is something wrong with the windows and he refuses to respond. I had to beg him to call me back over voicemail. Once I got him on the phone he told me that the solution is to put up drapes. And that is what he tells the tenants that face the river. That is definitely a violation of the warrant of habitability in the lease.

I want to break my lease early. Is this something that is within my legal rights? Will I get my security deposit back?

Also, I am treated for Multiple Sclerosis. And the cold weather makes my symptoms worse. I am getting a letter from my doctor to help me break my lease. I don't know if it will help. The apartment manager and the owner of the building still haven't responded to my emails.

What can I do?

 

[mightymoose]

Notify the landlord again with a certified letter through the mail and demand immediate repair. Inform the landlord that the apartment can not maintain heat above 68F as required by law.

Have a look at tenant's rights (below) and make note of pages 18-19 and 24.

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

 

[tinamarina]

Thanks for the reply. I will definitely send that certified letter. Thanks for the tip.

I have poured over all of the tenant guides, but I just can't seem to find anything that says that I can move out due to unlivable conditions like that. I'm going to head to the housing court help center. I made a formal complaint with the city.
I'm not really sure what else to do.

 

[mightymoose]

You will find that there are steps you must follow.... which are something along the lines of:
1. Notify landlord in writing.
2. Get other tenants with same/similar issues to submit group letter.
3. Pay for repairs yourself and deduct from rent
4. Sue landlord.

I am sure someone else will be along that can clarify that procedure.

If you have notified the landlord once by email that should be sufficient... but a certified letter by regular mail stands up better if you end up in court (proof of delivery).

After notifying the landlord again, give him a few days to respond. Follow-up with a phone call to determine his intentions. If he fails to repair the problem in a reasonable amount of time (and if it is really that cold in your place then immediately seems reasonable to me) then make the repairs yourself and deduct from the rent owed. Submit your rent with a copy of the receipt for repairs.

With that the landlord will get angry and threaten many things and try to make you miserable... but his option if he feels cheated is to evict you.... and when you show up in court with your copy of the certified letter, receipts, and other documentation you will kick his butt. You do have to give him proper notice and opportunity to make the repairs though.... maybe even give him notice that you will make repairs on a certain date if he does not.

You might also want to start keeping record of the temperature inside the apartment. Put a thermometer in a bedroom or common area (not on the window) and record the temp a couple times each day.