Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Co-ops
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Towers of the East River Co-ops (1956) in the Lower East Side, NYC. In the foreground is the East River and East River Park under renovation. These were the tallest reinforced concrete apartment structures in the United States at the time of their construction.
    Co-ops
    How first-time NYC buyers can apply for up to $100,000 in down payment assistance
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    West Side of Manhattan
    Rent
    Manhattan, Brooklyn median rents hit new records in June as renters chased fewer listings
    Manhattan apartment buildings with stores on the ground level
    Affordable Housing
    Ask Altagracia: Can I take over my grandmother's rent-stabilized apartment if I’m not on the lease?
    Sponsored By Outerbridge Law P.C.
    Jodie in her Coney Island kitchen
    Rent
    From Dumbo to Coney Island: We were tired of paying so much rent and wanted a place that made sense
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
    Condo buildings near Hudson Yards
    Sell
    Manhattan co-op and condo deals above $3 million doubled in the first quarter
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The William Baldwin House at 53 West 74th St
    Live
    The 1890 William Baldwin House at 53 West 74th St: An ambitious design for a series of ambitious owners
    Man opening window in brick apartment building
    Troubleshooting
    Summer in the city: How to make NYC apartment living more bearable
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Manhattan apartment building exterior with AC units
    Renovation
    9 hacks to lower your NYC energy bill during a heatwave
    Manhattan Midtown Skyline View From the East River
    Improve
    New York just extended the J-51 tax abatement. Here are five key details condo and co-op boards need to know
    Residential towers in Manhattan
    Improve
    What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment buildings with stores on the ground level
    Affordable Housing
    Ask Altagracia: Can I take over my grandmother's rent-stabilized apartment if I’m not on the lease?
    Sponsored By Outerbridge Law P.C.
    Flat Rate movers in uniform carrying a couch
    Live
    How to Get a Deal on Your Move: 5 Inside Tips from a Moving Sales Rep
    Sponsored By flatrate
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Altagracia: My apartment lacks heat. Am I taking a risk if I withhold rent and use it to pay other bills?

  • A judge may order repayment quickly if withheld rent exceeds a justified amount
  • Keep a record of your complaints to the landlord to strengthen your no-heat case
By Outerbridge Law P.C.  | April 15, 2026 - 9:30AM
Manhattan apartment buildings

If the judge finds the rent reduction should have been smaller than the amount withheld, you can still be ordered to pay what is due.

iStock

I stopped paying rent because my apartment didn’t get enough heat, and the landlord filed a nonpayment case against me. I used the rent money to cover other bills, and now I’m worried about what will happen if the court orders me to pay it back. Am I taking a risk?

In New York, a lack of heat is a violation of the warranty of habitability. This provides a level of legal protection to ensure tenants have safe living conditions. “In a nonpayment case, courts can award a rent abatement when conditions made the apartment unsafe or unlivable,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners, and landlords.

Even so, using withheld rent to cover other bills is a high-risk decision. “Withholding rent is not a free pass,” Pierre-Outerbridge said. If the landlord has not agreed to the level of rent abatement in negotiations before trial, you will have to prove your case in court.

What happens if you withhold too much

If the judge finds the rent reduction should have been smaller than the amount withheld, you can still be ordered to pay what is due. In some cases you may be given just a few days to produce the funds. That’s often not enough time to raise the money or secure rent assistance. 

“This is why it makes sense to keep withheld rent available rather than spending it,” Pierre-Outerbridge said. You don’t need to formally escrow it, but you do need to have it and be able to access it quickly. “Using that money for other bills increases the risk that, even if you win some abatement, you may not have enough on hand to satisfy the court’s order,” she said. 

The risks of being unable to pay what’s due

If you have the money on hand you have more leverage. Without it, you could find the court issuing a judgment against you or steps taken towards your eviction. 

In a case like this, the documentation you have will be crucial. Ensure you have a record of your complaints to the landlord as well as any Department of Housing Preservation & Development violation notices. “Also relevant are photos, temperature records, repair requests, and proof of how long the no-heat condition lasted,” Pierre-Outerbridge said. 


Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.

You Might Also Like

Manhattan downtown skyline at sunrise
Rent Ask Altagracia: My landlord threatened to raise my rent after I reported unsafe wiring. What are my rights?
Apartment buildings in the East Village
Affordable Housing Ask Altagracia: If my apartment is illegal, can I get back rent I already paid?
Two men entering a residential building
Rent Ask Altagracia: My neighbor sells baked goods and the customers bother me. Are businesses allowed in NYC rentals?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia heat rent laws
SHARE
TWEET
BRICK’S PICKS
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
harassment from a neighbor NYC
Is your neighbor harassing you? Follow these 4 steps to handle the problem
brooklyn apartments
No co-signer for your rental? No problem—try these 6 guarantor workarounds
Common space at Outpost Group's Williamsburg location.
Co-living 2.0: Proposed NYC law would legalize shared housing in new development to ease housing crisis
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS