Tenants should also enter a counterclaim for rent abatements based on reduced services. As mentioned above, documentation of times, dates, and relevant temperatures on those dates will play a critical role as evidence to substantiate tenant claims. Favorable results of such an action might include court ordered repairs, rent abatements, and if there is further landlord non-compliance, fines, contempt proceedings and occasionally, jail sentences. The HP Action is often the fastest and most effective procedure that tenants may employ for getting landlords to comply with the housing codes and is highly recommended. The DHCR is required to order an inspection of the subject building and upon confirmation of the tenant complaint may reduce the existing rent and freeze any further increases.
Rents remain frozen until services are restored.
The landlord must make a written request for reinstatement of rents. Tenants can challenge the request if, in fact, the landlords claim of restoration of services is not accurate. For a more thorough discussion, refer to CTRC fact sheet, Rent Reduction for Lack of Services. Tenant Organizing Because heat-related problems can become immediately hazardous to health and safety, the value of an organized tenancy cannot be overemphasized. Such efforts are best carried out by a well organized tenant group.