Bringing the heat against NYCHA

Tenants’ suit: Pay us for months of misery

Low-income residents have filed a class-action lawsuit against the New York City Housing Authority, demanding rent rebates and other reimbursements for going without heat and hot water last winter.

A’Seelah and Tyrone Diamond, who live at Brooklyn’s Fiorentino Plaza, and Ruth Britt, of the Patterson Houses in The Bronx, filed suit in Manhattan Supreme Court Thursday on behalf of themselves and other residents who were left in the cold for weeks between October 2017 and January of this year.

During that period, 80 percent of apartments had heat and hotwater outages. More than 300,0000 tenants were affected.

Former NYCHA Chairwoman Shola Olatoye — who is stepping down at the end of the month — and her colleagues have admitted that the outages were “staggering” and “unacceptable.”

“But this denial of heat and hot water was more than just ‘staggering’ and ‘unacceptable,’ ” the suit says.

“NYCHA left tenants to fend for themselves . . . Many did so by layering on clothes and blankets and attempting to warm their homes via stoves and/or space heaters and boiling their own hot water,” according to court papers.

The Diamonds — who have three kids, ages 11, 8 and 2 — suffered off-and-on service outages over the course of two months.

Britt had no heat for more than three full months. She coped by sitting in a “heating bus” outside the apartment complex and plugging in three space heaters.

The tenants are seeking reimbursement for the loss of the use of their apartments, the cost of space heaters and other expenses. Similar rebates were given to residents following Hurricane Sandy.

Residents also want punitive damages to punish NYCHA for failing to provide “basic services” to residents. State and city law require landlords to provide heat between October and May when temperatures fall below 55 degrees.

Housing officials knew for years that the heating systems were outdated, but did nothing to try and upgrade them, according to court papers.

An attorney with the Legal Aid Society, which filed the case, blasted the agency for malfeasance.

“We afforded the city plenty of time to make this right on their own, but they ignored our calls,” said attorney Lucy Newman.

“NYCHA’s fiscal problems do not excuse their failure to ensure that units are habitable. We look forward to securing these rebates for our clients and other NYCHA tenants who suffered essential utility outages during the coldest time in recent memory,” Newman said.

Agency rep Jasmine Blake said bluntly, “Every dollar spent on a rent abatement would be one less dollar for staff and repairs that we need to restore and maintain heat service. That is ultimately what our residents need.”

NYCHA needs $17 billion in capital-repair funds.

NYCHA’s fiscal problems do not excuse their failure to ensure that units are habitable.

— Residents’ attorney Lucy Newman