Question on tenants rights?

Consult a lawyer specializing in landlord-tenant law.

Don't rely on an internet discussion group.

Agree. Consult a lawyer. Depends on the facts of the case.

Yep, consult a lawyer but in the meantime, search this website for informed opinions:
tenant.net

agree w/ the other posts here. one thing i would add is that any damages/judgment you get is likely going to be capped by your rent. by the sounds of things, looks like it will be about 1 month's rent. in reality, it may be much less than that. so you need to balance the time/hassle/cost of going to small claims court either with or without a lawyer. also, before consulting a lawyer, i'd read your lease contract again to see if there is something explicitly promised in it regarding supply of gas.

311 may be able to provide some guidance. I think it's a good idea to call anyway, to confirm that there's a complaint on file with DoB in case you decide to pursue legal remedies later.

I'm very much in favor of tenants' rights, but my advice is: rather than consult a lawyer, you should try to keep this in perspective.

An potentially serious emergency arose, and the landlord and gas company worked in good faith to fix it in a safe manner. You were still able to prepare and eat anything that didn't require cooking, plus you probably have a microwave, plus you could buy an electric hotplate for $7 or so.

What dollar amount of reduction is worth it to you to spend your time asking your original question, let alone spend money on a lawyer?

The "warranty of habilitability and fitness"--a legal term of art--may apply to the requirement that a working stove be maintained by the landlord. There is a very limited number of things a LL may do to violate the warranty of hbilitability and fitness, but this could be one of them. BEFORE YOU WITHHOLD RENT, you must confer with an attorney unless you can work something out with LL. Do not unilaterally withhold rent or you can be deemed in breach of the lease and responsible for LL legal bills depending upon the terms of your lease.

What does any of this have to do with LL's duty to release apartment and "mitigate" damages?

Mel, not sure I understand your question. What damages? Hard to show quantifiable damages from no stove. It is more an unavailability of what is deemed essential to fitness and habitability (ability to cook). And what do you mean "release"? OP didn't ask about those things, or did I miss something?

Most U&O certificates mandate cooking, water and toilet being functional. The cost of feeding a family of four at restaurants for a month far exceedes the cost of home food supplies and prep. The difference may be recoverable. Has the landlord made any accomodation for the inconvenience?

Since there are some rental experts on here, I have a quick que. I'm 15 mos into a 24 mo lease in an UWS Rudin Bldg. If I find something to buy prior to lease exp (month #18), should I expect to eat my entire deposit (1 month)?

IN the early 90s I spent 21 days with no heat/hot water. Through LT court -- I respesented myself pro se and won a rent reduction of 75% of that months rent. I held the rent in escrow in lieu of paying the landlord. He sued, and then we were heard in court. All in all -- not worth the $450 I saved (at the time I was younger and lived like a church mouse). it was worth making the point but it later had to be explained when I bought my first coop --

SINCE you have the fortune of not losing your heat nor hot water -- you damages are likely to be substantially less.

Thanks to all for your thoughts. I was not able to find anything in the lease regarding cooking. We do not feel we are entitled to any huge reduction but it seems something should be in order...eating take out most every night is not appealing or economical. The landlord did make a good effort to have the building repaired...they make a rather poor effort communicating with the tenants regarding how long things would take or how much progress was achieved. They did acknowledge that a rent reduction was being discussed although we have not seen anything in writing.

Thanks again for you time and thoughts.

Jack

Jack: I lived in a building that faced a several-week gas shutoff a few years ago (Con Ed's fault, not the landlord's). I don't know what was required of the landlord by law, but the tenants were offered hotplates and a small reduction in rent during the shutoff (either 5% or 8%, I can't remember).

I had a very similar situation. I talked to the building manager, then wrote a very polite but indignant letter to the landlord making it clear that there was a substantial negative impact on us, and referencing the somewhat relevant portions of the lease and NYC law (as kylewest points out). I verbally indicated I wanted a reduction corresponding to the number of days the problem persisted (20+), which I knew was a reach. I also (politely) told them I would wait to pay that month's rent until our little dispute was resolved. I am sure I had no legal right to do this, but I made it clear I would pay, and I figured I had more leverage this way.

They offered to meet me in the middle, meaning they reduced the rent by $1400. I thought this reasonable and accepted.

I suggest that you contact your City Councilperson & talk to someone in their office. You're apt to not get a large adjustment for this situation & if you contact a lawyer, you'd be lucky to break even on the deal. Good luck!