Q: Hello, me and my girlfriend need advice of how to handle this when we go to eviction court in a couple days ?
So they want $4,265 for the rent we have no paid, and for us to vacate the property. But the reason we have not been paying is because of us failing to get 2 carbon monoxide alarms they we still havent got for 6 months . And i have evidence of us asking them, our smoke alarms dont work, there is mold under the tile on our floor, windows have a gap in them which it was not put on right, we have plumbing issues that they havent fixed yet and its been 3 months, firefighters came 2 times because the carbon monoxide was going off, and we called because obviously we were concerned . But they said they should have been replaced them a long time ago. What we want for the judge is us not have to pay anything or at least get it reduced, give us more time to move out and not have the eviction on our record .
A:
Dear Troy Tenant:
It would help your defense based on breach of the statutory warranty of habitability and breach of lease (failure of the landlord to comply with rules, codes, and regulations affecting habitability) if you had Code Enforcement write the violations for no smoke and CO detectors and alarms [https://www.troyny.gov/175/Code-Enforcement].
In New York, the record of the filing of the nonpayment case cannot be removed until the State Legislature decides to allow a Clean Slate to tenants, as it did for marijuana convictions. More than 17 States have done so in one version or another, but not New York State.
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