"While technically an abatement can be claimed under the proprietary lease," says Roberts, "any maintenance that is waived as part of a warranty of habitability claim would have to be offset by an assessment or maintenance increase applied equally to shareholders."
If there were governmental benefits or insurance proceeds that covered the maintenance for the period of the damage, he says, "it may then be possible to waive the maintenance as the funds are made up from other sources."
The answer might also be different if you had to relocate for a reason that is the co-op's responsibility, such as a broken pipe under the building's control.
"However, in a case such as this where the problem is building-wide," says Roberts, you are "in essence seeking a refund from yourself."
Your own co-op insurance probably will not be of help either.
"Even if coverage was provided under a policy," he says, "it only would pick up your additional living expenses like staying in a hotel, not the continuing expenses, such as co-op maintenance, that you are still obligated to pay."
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