When to Seek a Rent Abatement in NYC

While it is rare for landlords to agree to decrease your rent, there is nothing stopping you from doing so, and you should always take the chance if possible. 

How to Apply for a Rent Abatement

If you live in a rent controlled apartment, there are certain conditions that make you an applicant for the Application for Rent Reduction based upon Decreased Services. These conditions are defective ones that require emergency repair, or that have caused you to vacate your unit entirely. Some of these conditions include: 

- Fire damage 

- Lack of water or electricity 

- Broken fire escapes 

- Inoperable air conditioning during the summer season 

- Collapsed ceilings, walls, or floors 

- Broken door locks 

- Unusable toilets 

- Lack of heat or hot water 

For the lack of heat or hot water specifically, you must first receive a copy from a city, municipal, or county agency that states a finding of lack or heat or/and hot water. 

In addition to these, there are also various non-emergency conditions you may report for a rent abatement. For example, if an appliance such as a laundry machine is broken and your landlord refuses to repair it, this is seen as a decrease in services and can lead to a rent reduction. However, you must first notify the landlord in writing of these repairs at least 10 days prior to filing your complaint. Be sure to keep a copy of this notice and proof of mailing or delivery as well. 

What Happens After You Request a Rent Abatement? 

If the Division of Housing and Community Renewal finds that your complaint is valid, they will issue an order to reduce your rent and make the necessary repairs. Your rent then cannot be raised again until the DHCR issues a rent restorable order. This order proves that the owner has corrected all the conditions that led to the rent abatement. 

As a tenant living in a non-rent controlled unit, you may choose to seek a rent abatement if you have found that the rental rates for units similar to yours are much lower than what you are paying. However, you must compare your rent to units in your area or in areas similar to yours. Additionally, if you are a tenant who consistently pays their rent in time and can be seen as a reliable, trustworthy tenant, your landlord may seek to keep you in their building, and in turn, you may have the upperhand when it comes to negotiating a rent abatement.

Contact Outerbridge Law to Learn More About Rent Abatement

If you do not live in a rent controlled apartment and feel that you are entitled to a rent abatement, do not stop paying your rent or begin paying less rent until you have seeked legal advice from an attorney. As a tenant, you have rights, and there are standards that landlords are held to, but you want to ensure you are following proper legal procedures when seeking a rent abatement. If you think you’re entitled to a rent abatement, contact Outerbridge Law to see if you have a case.