Question #845:
I rent a duplex in a 4 story brownstone.
There is one apartment below mine and one apartment above mine. The
person upstairs has to walk through my duplex to access her apartment. She
uses a common stairwell and hallways to get upstairs. The
outside lights and vestibule lights are on a timer. They come on at 5:00pm
and stay on all night. The hallway lights have motion detectors and they
come on every time anyone enters the common stairwell and hallways. The
electric meter is configured such that the electricity used in
these common areas registers on the bill for my duplex. Am I entitled by
law to a meter that reflects only the costs for my apartment? Post your answer
Answer:
Short of a Philadelphia
lawyer to read and interpret your lease, which should give a clue to the
answer, I would call Con Edison and complain that you are being billed for
another's lighting. If that runs into a stone wall, try filing a complaint
with NYC Dept.of Housing Preservation & Development (311 will get your
there).
Dick Koral
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Question #844:
I live in a 4-unit, converted brownstone apartment
building that I just found out is for sale. My lease was up last August, and
I never bothered to try and renew the lease because my neighbors told me the
landlord, who's not that active in the affairs of the building, would raise
the rent. Now that it is for sale, what would be the steps and advantages of
trying to make the building go co-op? Would I be able to buy my apartment
under value? If the apartment is sold to another party, what are my rights
in terms of eviction?
Post your answer
Answer:
This is probably the kind of question much more geared to the
forum at
tenant.net.
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Question #840:
I received a safety notice in my apartment today that stated the building is
non-fireproof. Is it safe to live on the 6th floor in a non-fireproof
apartment building?
Post your answer
Answer:
"Fireproof" doesn't mean it's impossible to burn, it just means a building
is built in such a way that it will catch fire less easily. Older buildings
can't be described as fireproof; newer buildings are by code constructed in
such a way that a major fire will have a harder time getting started and
spreading. Anything will burn given high enough temperatures (remember the
WTC on 9/11?) Is it safe to live in a building that isn't classified as
fireproof? Is it safe to cross the street? Is it safe to ride in a car, a
bus, a subway? It's all relative. You have to weigh your needs (or wants)
against what's available or affordable and reach your own decision. Probably
more important is the question of getting all the residents in your building
educated about what starts fires, and if a fire does start, what do you do
to get out and protect yourself and other residents.
Here's a good PDF on residential building fire safety. Printing it out
and giving copies to the head of each household in your building would be a
good idea.
Glen Stoltz
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Question #836:
My landlord has decided to put 4 uncovered trash cans in the hallway of our
building because he was getting summonsed for the outside trash system. This
brings vermin and smells beyond belief. Is this in any way legal?
Post your answer
Answer: This is permissible. Under the
Multiple Dwelling Law,
Title 3, there is no mention that the receptacles need to be stored outside
- or rather cannot be stored inside. This is the letter of the code: "Sec.
81. Receptacles for waste matter. 1. The owner of every multiple dwelling
shall provide proper and suitable conveniences or receptacles for ashes,
rubbish, garbage, refuse and other waste matter and shall arrange for the
removal of such waste matter daily. 2. No person shall place ashes, garbage,
rubbish, filth, urine or fecal matter in any place in a multiple dwelling
other than the place provided therefor, or keep any such matter in his
apartment or upon his premises such length of time as to create a nuisance
as defined in section three hundred nine." Furthermore, the receptacles do
need to have a tight fitting cover.
Peter Grech,
GBOC
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Question #835:
It's November 16th, and my landlord just announced he's raising my rent $350
starting December 1. I'm in a non-stabilized building. Is 15 days notice legal?
I thought he owed me a month.
Post your answer
Answer: You
need to look at your lease. If you lease does not specify how much
time/notice the landlord is to give you, then 15 days is it. Free market
rent or non-stabilized apartments have very little protection. As always,
you should consult an attorney.
Peter Grech,
GBOC
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Question #834:
I signed a lease to pay all the utilities for a
one-family home. A few months later I told my landlord I could not pay for
the gas because it was too high. The landlord made an addendum to the lease
by increasing my rent and taking over the responsibilities of the gas bill.
I did not sign the addendum to the lease, but my landlord switched the bill
into his name. Recently the landlord has asked for the increased rent and I
have not paid it. He has decided to switch the gas back into my name. Can he
do that?
Post your answer
Answer:
Sorry,
but this would be a question for an attorney to answer. I won't dare give
you my personal opinion about your deplorable actions and intent.
Peter Grech,
GBOC
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Question #824:
We do not pay for heat. It is freezing in here all day
and most of the night. What is the heat by law suppose to be? The radiators
are cold. Heat may come on between 3 & 6 AM, water does not get hot - run
for a few minutes, may get lukewarm. Tell me what I can do for landlord to
come correct.
Post your answer
Answer:
The heating law requirements are set out on
this page. You can dial 311 to
register a complaint with the city if those requirements are not met. |
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Question #822:
In New York City can a landlord deny certain tenants (rent stabilized), in a
5-floor walk-up, a washer and dryer if there is no laundry room in the
building?
Post your answer
Answer:
Yes, a landlord can deny or not give approval for a
tenant to install a dishwasher and / or washing machine in the apartment. In
most leases this is written clearly. I have yet to see any lease that does
not have a clause that prohibits washers.
Peter Grech,
GBOC |
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Question #806:
Is the landlord supposed to provide the
tenants with garbage cans for disposal of trash?
Post your answer
Answer:
Under the
housing
codes, the landlord must provide approved containers for tenants'
garbage. They can consist of either garbage cans with lids or garbage bags
suitable for garbage.
Peter Grech,
GBOC
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Question #772:
I'm a co-op apartment owner,
1 of 8 apartments, in a 4-floor brown stone in Brooklyn.
Where can I look up for the subjects regarding to: (1) conflict of
interest rules / laws, and (2), any work for building that may or may not
require competitive biddings.
Post your answer
Answer:
These are very good questions, and could be brought up at our Small
Building Support Group which will meet on August 8th (if enough
people sign up). Conflicts of interest are complex issues; we devote
whole seminars to this. When serving on the board, every individual
must put private interests aside and act in the best interest of the
cooperative. Board members should disclose to their colleagues any
relationship they may have with any vendors, etc. that the building
uses and should recluse themselves from discussions where they might
have (or appear to have) a personal interest.
As for
decisions regarding competitive bidding, each cooperative can set
its own policy regarding the level at which to require competitive
bids, using common sense as a guide.
Mary
Ann Rothman
CNYC Executive Director
212 496-7400
250 West 57 Street, Suite 730
New York, NY 10107-0700
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Question #706:
I have a follow up to
question 408 that was posted. I
also live in a prewar building with another tenant above me. I hear
EVERYTHING they do. I hear TV, stereo, walking, vacuums, moving, bodily
functions, door slams, talking, etc. It is very loud at all times of day and
night. Their apt is mostly carpeting with padding. What can I do to make
them shut up? What can be done so that I don't hear every move, step, and
word they say. Carpet and padding doesn't seem to work.
Post your answer
Answer:
Acoustic problems are usually the most difficult to
solve. The tenant upstairs seems to be OK, since his/her floor is carpeted
and padded. You really need an acoustical engineers. Search the Yellow Pages
for one.
Dick Koral
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Question #625: NYC law does not
allow an air conditioner to take the place of a window guard. Tenant
wants an air conditioner in a room with one double-hung window and no
fire escape. A 2 year old child lives in the apt. If I must install a
window guard in this room, is it my problem that the tenant will not be
able to use an air conditioner? If the tenant can have an air
conditioner rather than a window guard, then how do I protect myself in
the event that a future claim is made against me because no window guard
is in that window? The tenant asks how to escape from a court yard
airstack room that has only one double hung window and no fire escape if
a window guard is permanently attached to the window frame.
Post
your answer
Answer: My opinion: have the a/c unit installed at the top of
the window and the guards at the bottom. Best of both worlds.
Peter Grech, GBOC
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Question #603:
My building has just been sold. I live in an
unregulated apartment and my lease is up for renewal. So far I have not
received a renewal notice. How far in advance must the landlord notify
me about intent of renewal or non-renewal of the lease?
Post
your answer
Answer: If your lease was a rent stabilized
lease, by law the landlord must send out lease renewal forms 120 days
before the lease end date. In a deregulated apartment there is NO such
provision or law. My opinion: you are put on a month to month lease,
most probably the new owners will condo the building. So, if you don't
buy in, they can terminate the lease. That's my opinion.
PGrech,
gboc.net
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Question #602:
Who is responsible for installing a legal fire gate at fire escape
windows - tenant or landlord?
Post
your answer
Answer: Unless it is specified in the lease who is to pay for
the installation, it is assumed that the tenant will pay.
PGrech,
gboc.net
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Question
#600: A
tenant allowed his sink to overflow. This caused damage to his apartment
and to the ceiling below. He contends that he isn't responsible because
the run-off safety drain wasn't functioning and the floor in the water
closet isn't all water proof. Please advise.
Post
your answer
Answer: First of all congratulations on being our 600th
question. I wish I had a box of steak knives or other gift to give you.
The following is only opinion based on past experience: the answer to
your question depends on type of ownership - co-op, condo or rental. In
most cases, if the sink is defective then the owner of the sink is
responsible for damages. If the sink is not defective, then the person
who created the overflow is responsible. In any event, this is a legal
question and should be asked of an attorney.
PGrech,
gboc.net
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Question #593:
I am a tenant in a rent stabilized
apartment who installed, at my own expense, approved security window
gates while living in my apartment. If I move, can I remove them or do
they become a permanent fixture of the apartment?
Post
your answer
Answer: Real Estate Law states that anything that is bolted or
attached to a unit becomes a part of that unit and belongs to the
landlord - that's the short version. In actuality, most people just
remove them before they move out without hassle.
PGrech,
gboc.net
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Question #592:
I live in Brooklyn in a 43 apartment building.
Some of us are rent controlled. We were told the super works 8A.M. -
4P.M. and no Saturdays or Sundays. The super doesn't answer his phone.
Is there anything we can do?
Post
your answer
Answer: Supers are human too. Unless its a bona
fide emergency, you will have to wait until Monday. Try giving a better
xmas gratuity, that usually
motivates some supers to go above the call of duty.
John G.
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Question #578:
I am a tenant in an apartment, and I want to post
my name on the mailbox, but the super keeps removing it. I have no
problems with the landlord, and I let the landlord know about this
situation. He promised to talk to the super, but the super is still
removing my name from the mailbox. What do you suggest I do?
Post
your answer
Answer: Report him to the US Post
Office. He is in violation of tampering with US Post Office business and
property, and could be arrested. I would warn him before you notify the
Post Office. Eugene
Marabello
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Question #575:
The apartment building I live in is in a U
shape. Across from my window, 20 feet away, there is a very noisy a/c.
The neighbor is very uncooperative. The owner plays an innocent. What
should I do? Do I have any rights?
Post
your answer
Answer: Yes, you have the right to
quiet
and enjoyment of your apartment. The DEP is the agency to call if you
have a noise complaint. What you can do depends on if you live in a
rental or a condo/co-op. Call the managing agent first with the
complaint, then the DEP. There is something called cityproof windows
that will soundproof your apartment.
PGrech,
gboc.net
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Question #564:
Is the landlord responsible for my having
access to the electrical fuse box? I live on the top floor of a 2 family
home, and the fuse box is in a non-approved basement apartment that I do
not have access to. Every time the electricity goes out, we have to pray
that the tenant is home, if not we have to wait until she or the
landlady gets around to letting us in to remedy the situation. What are
my rights?
Post
your answer
Answer: All tenants have the right
to access their own fuse boxes. If they don't, then there must be
someone who can within a reasonable time. Call HPD and find out your
rights.
PGrech,
gboc.net
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Question #562:
Is it possible to evict a rent controlled
tenant based on their repeated unauthorized entry into the boiler room?
Post
your answer
Answer: I doubt it. However you CAN press
charges of trespassing if the
boiler room door has signs posted, "Authorized Personnel Only -
Trespassers Will Be Prosecuted". Call the police if the signs are on the
door. PS. The boiler room door should be locked.
PGrech,
gboc.net
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Question
#557: I see that it's been stated here that there is
no required license for supers, but there must be some skills or
programs they must pass right? I live in a poorly maintained building,
and people wonder why we don't have a porter or a handyman, what the
responsibilities of the super are, and although you have told others
that they should contact the building management for such questions,
what do we do when the building management chooses to ignore us and our
questions, who do we turn to then?
Post
your answer
Answer: There are plenty of good courses available to take,
but there are absolutely none required to have been taken and passed
before hiring someone for a super's position. As for who to complain to
about your poorly maintained building, you can try calling the City's
311 line, or call
HPD
and ask them for advice. It's a tough situation when the property
management company doesn't respond in a timely fashion to complaints,
but sometimes they can be forced to do so with some outside pressure.
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Question #531:
My NYC rental apartment is up for lease renewal. My
room for the past year has been filled with a disgusting smoky-cigarette
smell from my neighbors (fumes traveling through the wall). My rent was
raised $150 for next year and it would be a burden financially and
physically for me to move to another building. What are my legal
remedies with the landlord, if any? No rent increase? Allow
accommodations to move to another apartment in the building?
Post
your answer
Answer: This is not the forum for a landlord/tenant legal
question. You should probably consult a lawyer with experience in this
field, and you might try asking your question at
tenant.net.
Answer: Your lease should
give you a warranty of habitability. Talk to your landlord and/or super
and see what can be done. If you have kitchen or bathroom vents instead
of windows, most likely the smell is coming from there. The vent fan
needs to be checked. If no vent, then the smell could be coming from the
baseboards. The baseboard and not the wall is the weakest link in the
wall. Try sealing off all the baseboards top and bottom of the molding.
Check for holes in walls in the kitchen and bathroom where the plumbing
comes through the wall. Seal them off too. Note: only the walls next to
the apartment of the smoker need to be done. So first find out who is
the smoker.
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Question #525:
I live in a pre-war co-op and have an original
shower body inside the wall. I want to have an acrylic wall system
installed in my stall shower. I've had drip issues since buying the
apartment. My super has replaced the valve stems & changed the washers
twice. I'd like a one valve unit installed while work is done to the
walls/floor. Since now would be the time to avoid further plumbing
issues with the shower body, I'd like to know how I can have the co-op
pick up the tab. The unit isn't leaking into the wall, yet. I would pay
for all parts. What are my options? How can I position myself for having
this done as a proactive measure?
Post
your answer
Answer: The problem with most
co-ops and condos is that the board has little idea of what proactive
or preventive maintenance means.
However, in the case of a shower body, it is a close call. Look to your
offering plan, that should state who owns the shower body. From my
experience, the shower body, even though it is behind the wall, does
belong to the owner of the apartment. One, it is for your exclusive use,
and two you can see the controls from the apartment. Sorry. But in some
cases the building may pick up the cost. Just ask.
PGrech,
gboc.net
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Question #514:
I live in a prewar building in Brooklyn. The noise
of my upstairs neighbor's every step is amplified throughout my
apartment, even though he has carpets on his wood floors. I would like
to install soundproofing in my ceilings to reduce the noise. Is this
feasible, and will it be very expensive?
Post
your answer
Answer: Of course it CAN be done, and yes in all probability
it will be expensive. How VERY depends on your frame of reference, as
does its feasibility.
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Question #501:
If a tenant does not comply with the garbage
recycling procedure, which results in the landlord being fined, could
the tenant be liable for the fine, and if this was an ongoing issue,
could this be basis for the tenants eviction from apartment?
Post
your answer
Answer:
If you are around when the sanitation inspectors
come and watch them go through the garbage for violations, you can point
out to them the tenant that did not comply. If would help if they found
the name and address of the non-complying tenant in the garbage. At that
point the inspector can issue the tenant a summons. If it's just bottles
and cans you're out of luck. Your managing agent would need to speak
with the building's attorney.
PGrech, gboc.net
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Question #458:
I own a co-op and recently a heating pipe froze and
burst in my bedroom, flooding and ruining carpeting. My insurance only
covered $215 out of $803.00 bill to replace carpeting. Co-op officers
say they do not have to reimburse me for any difference in loss. What
should I do, go to small claims court?
Post
your answer
Answer: First check your proprietary lease. In many cases,
you the shareholder are responsible for the "improvements,"
regardless of the cause of the damage. Improvements are carpeting,
cabinets and even finishes like paint.
Answer: I agree
with the above, but for a small filing fee, you can go to small
claims court. I think that's possibly the best road to take.
PGrech,
gboc.net
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Question #453:
In my apartment building with over 35 apartments,
the super's name and apartment number is clearly posted in the lobby. A
building directory listing all the current tenants is mandatory, too. Is
it mandatory to post the telephone number of the superintendent too? Can
a summons be issued by an inspector if no telephone number appears?
Post
your answer
Answer: The
Housing Maintenance Code, Article 3, section 27-2053-C
states that the phone number, address and apartment number of the
person responsible for "janitorial services" must be shown in the
lobby of the building. A violation can be issued against the owner
of the building for failing to provide the phone number of the
superintendent along with the address and apartment number. The
violation does not initially carry a monetary penalty but allows
30 or 60 days to cure the violation. If the violation is not
cured, a monetary sum is placed on the violation for not having it
cured in the time frame allowed.
PGrech, gboc.net
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Question #452:
I live in a multiple condo building. I am an owner
of one of the apartments and I live in the same apartment for five years
now. People living right above me are tenants and they make a hell lot
of noise everyday from 10:00 pm to 12:00 am, so much so that I cannot
sleep. Moreover I have a child who is 11 years old and gets up for
school every morning at 6:30 am. His sleep is also disrupted. I asked
the super to talk with the tenants but he refuses to do so. Is that
right? Isn't it one of the responsibilities of super?
Post
your answer
Answer: Supers have many responsibilities and tasks. They
vary from building to building according to the building type as
well as his job description as handed to him/her by the owner and
management company. In your case refer to your offering plan and
proprietary lease, and see what your rights are to quiet and
enjoyment of your apartment. Once you have found that section,
call the managing agent. The managing agent can enforce rules more
effectively than the super. PGrech,
gboc.net
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Question
#436: Who is responsible for maintaining lobby
mailboxes in a co-op. My key is not working, and there is no way for me
to get my mail. My super is trying to charge me for the repairs and a
new cylinder.
Post
your answer
Answer: The owner of the apartment, in either a condo or
co-op situation, is usually responsible for paying to have the
lock cylinder changed. Ask someone on the board for the details if
you don't have access to the offering plan or other existing
written materials.
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Question #435:
We had hot water problems since we moved into our
apartment 2 1/2 years ago. We had sent multiple email and as many calls,
but only called 311 when we lost all hot water for 3 weeks. The problem
has now been repaired. We withheld 1/2 our rent last month. My questions
are: 1. Are we eligible for back compensation living in an apartment
that frequently did not have hot water? 2. Should we hire a lawyer?
Also the valve in our radiator came off while
the super was trying to fix it. Our bedroom filled with steam and many
things were ruined, including a prized painting. They said they are not
liable. Our renter's insurance said they are, regardless of the lease.
Can you tell me what is the law on this? Do I have any rights?
Post
your answer
Answer: We are not in a position to give legal opinions.
These questions should be asked of an attorney. You can also call
the Rent
Stabilization Association at 212-214-9200 or check out their
website, and they can answer these questions as long as you have a
rent stabilized lease. Sorry we can't help more - we are geared
more toward maintenance and operation questions than legal ones.
Pgrech
Answer:
We are supers, not lawyers. Hire a
competent attorney and ask someone who has been through this to
tell you their experiences.
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Question #434:
I was the poster with the question regarding the
noisy furnace / sump pump below me. After calling the Super, the owner
of the building called me. He himself is going to go and check it, but
apparently he doesn't think there is anything that can be done except
installing a rug. He has offered to reimburse me for whatever I spend on
carpet and padding. Does anyone know what kind of padding product is
best at insulating against sound? Thanks very much in advance, your
advice was very helpful.
Post
your answer
Answer: First of all I am glad we were of some help. Its
nice to get a thank you from people we try to help. And I'm glad
to hear the landlord is reasonable in this manner. Carpeting will
help reduce the noise. Which carpet padding I don't know, it's
best to ask the carpet store that question. Keep in mind that
while carpeting will help reduce noise it may not be eliminated
altogether. If it isn't eliminated, I suggest some sound proofing
over the ceiling in the boiler room, making sure the sound
proofing is fire resistant and conforms to New York City fire
codes. Now, the noise will be reduced but not the vibrations. To
reduce or eliminate vibrations on the sump pump as you said,
vibration eliminators can be installed for a reasonable cost. A
plumber would install the eliminators.
Pgrech, gboc.net
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Question #425:
I am the super of a 19 family building.
One of the tenants left a 1 year old child on a bed which was pushed up
against a cast iron radiator. The baby put his hand on the radiator and got
badly burned. The tenant has lived here over 3 years, and never asked for
them until their baby got burned. They are now suing the owner. My question:
Is there a New York City law for radiator covers?
Post your answer
Answer: Read the
Multiple Dwelling Law (NYS)
and
the
Housing Maintenance Code (NYC)
for possible answers. Answer:
No law requires covers. Torts - No Common Law or Statutory Duty of Landlord
to Install Radiator Covers in an Apartment Where Children Live Rivera v. Nelson
Realty LLC, 7 N.Y.3d 530, 825 N.Y.S.2d 422 (2006). The Court of Appeals affirms
the First Department which had held that there is no duty imposed on a landlord
either by virtue of the Multiple Dwelling Law or the Administrative Code to
require installation of radiator covers in apartments where they know that small
children reside. The court takes the opportunity to expound on the meaning of
Basso v. Miller (40 N.Y.2d 233 (1976)) which abolished the distinction between
an invitee, a licensee, or a trespasser insofar as the duty that is owed. The
standard of "reasonable care under the circumstances" is deceptively simple and
not so broadly interpreted. A landlord is still not liable to a tenant unless a
duty to repair is imposed by statute, by regulation, or by contract. In this
case, as in the case where there was no duty to install window guards (Ramos v.
600 West 183rd Street, 155 A.D.2d 333), the Multiple Dwelling Law, Section 78
does not mandate a duty to install radiator covers, nor does the City's
Administrative Code, Section 27-809, which applies only to insulating exposed
piping.
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Question #424:
I moved out of my apartment and left some
scratches on the wall. My landlord is charging me $250 to fix it, which
I think is too high. Do I have a right to do it on my own or hire a
professional to do it for cheaper?
Post
your answer
Answer: In most leases, there is a clause stating that upon
vacating the apartment, it must be left in a "broom swept"
condition. Your lease also normally states that the
walls are to be left in the same color and condition as
when the apartment was moved into, less normal wear and tear.
Since you already moved out of the apartment, and IF you
surrendered the keys, it is too late to cure this. If you have
moved out but not yet surrendered the keys, then you still have
the right to correct the condition.
Pgrech, Gboc.net
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Question #418:
I live in a rent stabilized building. My
question is: are laundry washing machines allowed in rent stabilized
apartments. The tenant above my apartment has a washing machine and it
overflowed and leaked into my apartment causing damage to my ceiling and
wall in my apartment. My landlord recently purchased the property I live
in and he was wondering if he has the right to notify the tenant above
me to remove the laundry washing machine from the premises.
Post
your answer
Answer: The answer to this depends on the rental/lease
agreement you signed. Read it to find out whether or not the use
of washing machines is spelled out. Whether or not your apartment
is rent stabilized has little or nothing to do with it. Your
landlord or the landlord's managing agent needs to get up to speed
on this before making a move either way.
Answer: To expand
on the answer above, your lease has nothing to do with your
upstairs neighbor. Its the upstairs neighbor's lease that counts
here. Pgrech, Gboc.Net
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Question #417:
What are the rights of an owner of a two
family dwelling, who rents the basement level to a family member, on a
month to month basis? How can a owner legally evict a tenant with
children (one with a handicap) from a two family dwelling?
Post
your answer
Answer: This is best answered by an attorney. However,
note, that a month to month renter does not have to be evicted.
The month to month agreement simply is not renewed. Eviction only
comes into play if the renter does not pay the rent or refuses to
surrender the apartment.
Pgrech
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Question #408:
I live in a pre-war building and I have
problems with noise from the upstairs apartment. I hear conversations,
my entire apartment vibrates when someone walks around upstairs, there
is little or no sound-proofing. Is this normal? If not, is my landlord
responsible for making my apartment more sound-resistant and if so, how
do I go about enforcing this?
Post
your answer
Answer: Your lease holds the key. You have the right to
quiet enjoyment of your apartment. In most leases, carpeting of at
least 80% of the apartment must be done by the tenant. It is the
landlords duty to enforce this, assuming it is in the lease.
Carpeting eliminates a lot of the noise from an apartment above.
PGrech, gboc.net
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Question #392:
Is the landlord or tenant responsible for building (painting and fixing
things) maintenance and outside maintenance (mowing shoveling etc.)?
Post
your answer
Answer: Once again: it depends on the kind of building
you're living in, and even more on the lease agreement you have
for your apartment. Take out your lease and read what it has to
say about the things you're asking about. The answers should
all be there. If not, ask your building management or landlord to
explain.
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Question #390:
I have been living in a rental apartment on the Upper West Side for 7
years. My bathtub needs to be reglazed, and my living room ceiling needs
to be repainted. I want to know if the landlord is responsible to cover
the costs for the repairs as well as supply the services.
Post
your answer
Answer: Your lease should determine
this. If it is a normal lease, then the landlord is required to
paint your apartment every three years. The landlord is also
required to make reasonable repairs to your apartment to keep it
habitable. Reglazing your tub, even though the cost is about
$300.00, may or may not be the landlords duty to do, depending on
why the tub needs to be reglazed. If it's only normal wear and
tear the landlord needs to reglaze, but damage due to tenant
neglect and or misuse is then the tenants responsibility.
Pgrech, Gboc.net
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Question #388:
My upstairs neighbor has let her washing machine overflow at least twice
in the last month and 5 times in 2 1/2 years. The super told management
and they sent her a letter stating that they are responsible for any
damages and the super told me I would have to sue them myself. Is this
true? Each time I have had to mop up and clean my counters and cabinets.
Isn't management supposed to see to it that the neighbors are not
negligent?
Post
your answer
Answer: Always refer to your lease,
it is your road map to your rights. If there are no washers
permitted in the lease then its up to the landlord to remove her
washer and possibly pay your damages. If it is in the lease, your
home owner's insurance should take care of it. All apartment
owners and renters SHOULD carry home owner's insurance. Small
Claims court is where you would have to sue if it comes to that.
Make sure you have photos and you would need the super to testify
as a witness.
Pgrech, Gboc.net
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Question #384:
Is the landlord responsible for providing water, is
the tenant required to pay the water bill if it is not in the tenant's
name? If so is it legal for the landlord to use this water for other
reasons not for the tenant's benefit.
Post
your answer
Answer: Your lease should provide the answer
to this question. In NYC in buildings of 4 apartments and over,
the water is included in the rent. In a one family house the water
may or may NOT be included in the rent. 2 family to 4 family
houses - I do not know. Again the lease will tell you what you are
responsible for. If the water is not being used by you
exclusively, then you have a recourse for reimbursement. When it
comes to legal issues its always best to ask a lawyer. Our answers
are based on our experience and our limited knowledge of the law.
Pgrech
Answer: Try asking your
question at
tenant.net.
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Question #377:
In NYC by law, are landlords supposed to supply tenants with smoke and
carbon monoxide alarms by law. I also rent, and my landlord supplies all
of his tenants with both alarms. I'd like to know if my mother should
request the same service. We both leave in Queens and we are both in
rent controlled apartments.
Post
your answer
Answer: Yes. Landlords are required
to install smoke detectors and carbon monoxide detectors in every
dwelling unit. They are also allowed to receive from tenants
monies to cover the cost of the purchase of the detectors: $10 per
smoke detector and $25 per carbon monoxide detector. Read more
about the new law
here.
Pgrech
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Question #372:
I live in a building that has about 30
apartments in it, should we have a building security.
Post
your answer
Answer: Go to the community officer of your local police
station. He or she will have all the information you can use.
Dick Koral
Answer: Security
is a group tenant effort. Yes, you should have security, what kind
and what level can only be determined after canvassing the
building by a professional to see your vulnerable spots. The
cheapest forms of security are good outdoor lighting, good front
door locks and diligence by the tenants. And, if you can afford
one, a good intercom system.
Pgrech
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Question #357:
I recently moved into a co-op in a six story
elevator building built in 1955. The building construction appears solid
but I am not an expert in this area. However, we have parquet floors
that are nice looking but very creaky and the neighbors below us have
complained that when we walk it is too loud. We plan on getting carpets
which will hopefully minimize the noise. We do not hear anything from
the neighbors next to us, but we can hear the people upstairs walking
around as well. Is there something wrong with these floors or is this
typical in buildings of this construction type? Is it naive to assume
you will not hear your neighbors walking?
Post
your answer
Answer: Yours is a common problem. Good carpets solves most
of it. After you get yours, ask the people upstairs to do the
same. If they won't, take them to court.
Dick Koral
Answer: In most leases in rental apartments, and in
proprietary leases in condos and co-ops, there are provisions that
state that the apartment must be at least 80% covered in carpeting
or rugs. That is your recourse for your neighbor, not court.
Pgrech
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Question #346:
I live in a multiple dwelling with 20 apartments.
In the lease, washing machines in the apartments are a violation. Is the
landlord responsible for supplying a laundry facility on the premises
and if not, shouldn't we be able to have washers in our apartments?
Post
your answer
Answer: No, I don't believe the owner must either install a
laundry facility in your building OR allow machines in apartments.
The alternatives are to use a dry cleaners or a laundromat type
facility.
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Question #331:
I live in a duplex that has separate gas lines but
shares one water heater. the only access to the water heater is through
the neighbor's apartment. This means one of us is paying to heat the
water for both apartments. We were unaware of this. The landlord is out
of town as is the new neighbor and I have no hot water and cannot get
into the apartment to let the gas company in. Are there laws that deal
with the use of one water heater for two apartments - and access to it?
is there a way to determine which apartment actually pays for that?
Post
your answer
Answer: Whatever the situation, the law says the landlord
MUST provide you with hot water. Call HPD or go to
www.nyc.gov, go
to Agencies, click on housing, and send your complaint.
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Question #316:
A recent electrical inspection on my
apartment revealed that all of my major appliances are running off of
one electric line. This has been an ongoing problem since I've lived in
the apartment almost 5 years. Is my building responsible to fix this
problem?
Post
your answer
Answer: Your situation is not uncommon. Many
old buildings have only 4 circuits. These buildings were built in
the days when electrical appliances were not in common use - or
even invented yet. The answer is NO, the building is NOT
responsible to upgrade your electric due to you having more
appliances then what the system was designed for. If you had an
electrical problem such as a short circuit, etc, then yes the
repair of the short is a building responsibility. One solution:
see how much total amperage is available in your apartment. If the
answer is at lest 80 to 100 amps then you can discuss with the
manager how much would it cost to add two more lines, usually - 15
or 20 amps each. In most cases a building will upgrade the
circuits at the request of the tenant and pass along the cost.
Pgrech
Answer:
You have a common problem that most people
solve, providing there is enough amperage, by breaking up outlets
into separate circuits. Of course, electrical work could be costly
depending on the extent of the work.
Eugene Marabello
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Question #302:
What are the responsibilities of the super
to protect the tenants from robberies? What to do if the tenant was
robbed twice already?
Post
your answer
Answer: Building
security is a TEAM effort with management, owners, residents as
well as staff. The building should have a security company give
you a security audit. This audit will show where the weak links
are, as well as solutions to correct them. Putting the blame
solely on the staff is unfair, and in most cases is a mistake.
Pgrech
Answer: The super and staff will likely only enforce the
measures which management already has in place to protect
residents. Find out from the super or the manager what has been
done to address these types of situations, and if it's
insufficient (it may be if there have been robberies) or
implementation of those responsibilities has been lax by the super
and his staff, speak to management about making some changes. To
the second question: without more information it's impossible to
tell what to do if robberies have already occurred - it really
depends on the particulars of both situations. Again, speak to
management and together come up with better ways of dealing with
the issue of safety and protection of the building's residents.
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Question #299:
My property manager has taken a month to
replace a broken air conditioner in my apartment (Nassau County). Do I
have any recourse in terms of a deduction from my monthly rent?
Post
your answer
Answer: A month may seem unreasonable, but as long as you
were still able to use 100 per cent of your apartment you have no
case for any allowances.
Pgrech
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Question #288:
Are multiple dwelling owners required to
provide a stove and refrigerator? Is there any requirement for the
replacement of appliances?
Post
your answer
Answer:
There are no requirements under the Housing
Maintenance Code of New York City or under the Multiple Dwelling
Law of New York State that require the landlord to supply
appliances in an apartment. However, that does not mean the
landlord is not required to maintain appliances. The key here is:
What are the terms of the lease? And is the apartment rent
controlled, rent stabilized or decontrolled. See also
Question # 264.
Pgrech
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Question
#285: Am I responsible for repainting an
apartment when I have moved out? I was responsible for repainting when I
moved in.
Post
your answer
Answer:
Painting your apartment on vacating it depends on the terms of your
lease. Most normal leases do not require the tenant to paint upon
moving out. However, you should leave it in a broom swept condition
and in the same color that you found it in. In other words, if the
apartment was painted white and you repainted it red or green etc,
then you need to repaint it white or run the risk of losing your
security deposit. Pgrech
Answer: Generally you're not responsible for repainting your
apartment when you move out -- or for normal wear and tear. You ARE
generally responsible for items needing repair that go beyond normal
wear and tear; read your lease agreement or talk to the managing
agent for details.
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Question #275:
I bought in a co-op building 2 years ago. We have a common courtyard
with a chain link fence around it. I live on the bottom floor and look
out on the courtyard but on my side of the fence is a 15x20 slab of
concrete that my windows look onto. I left a message with my managing
office that I would like to spend my own money fixing it up. I have
tastefully cleaned it up. I placed a bench out there. NOW, my super says
it is against the law because it is a fire hazard because it is above
the parking garage BUT so is the common courtyard that also has benches
on it. My question is, are there any regulations or is someone just
jealous that I made something nice out of something ugly?
Post
your answer
Answer: To the best of our knowledge, if the bench is close
to the wall and the walkway is NOT fire egress, then there is NO
fire hazard; if the bench is not close to a source of combustion,
then again - no fire hazard. Last, if it was a fire hazard, this
type of hazard is so low on the list that only a violation to remove
would be issued. Pgrech
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Question #272:
I would like to know requirements of the
landlord to maintain smoke detectors within each unit as well as in the
hallways. I live in a building consisting of 4 units.
Post
your answer
Answer:
To my knowledge, a smoke detector
should be installed between the kitchen and each bed room, If the
bedrooms are side by side only one smoke detector is needed. If the
bedrooms are not side by side, that is, one on each side of the
kitchen or thereabouts, then two smoke detectors are needed.
(Buying a kitchen fire extinguisher wouldn't be a bad idea -- of
course you would have to pay for this). Last but not least, each
hallway must have a smoke detector on each floor (in a new or totally
renovated building). It's the
responsibility of the tenant to maintain the smoke detector if it is
NOT on a central system, i.e., it uses batteries, so don't
forget that batteries must be checked and keep an extra battery in the
house. You didn't mention if you have a gas boiler - if you do, it's a
good idea to install a smoke detector and a carbon monoxide detector
as well. Roberto Cardona
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Question #266:
I just bought an apartment in an 8-unit,
fully owner-occupied co-op building in Brooklyn. None of the other
owners have dishwashers or washing machines, even though the lease
allows it. Since we pay the building's water bill collectively, they've
voiced concern that our appliances will raise their bill. We've offered
to chip in more, but there's no way to tell how much water we'll really
be using. How do other co-ops deal with this? Are there individual water
meters we can attach to each apartment?
Post
your answer
Answer:
Dishes have to be washed, whether by hand or by machine. In most cases
people let the water run down the drain while washing dishes. Did you
KNOW that a dishwasher in many cases uses either the same or LESS
water then if down by hand? The only thing a dishwasher uses more of
is HOT water. Pgrech
Answer: Engage a
plumber to install a water meter on the lines going to the washing
machine, if the co-op board agrees.
Dick Koral
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|
Question
#211: Do the tenants have to pay for painting the
hallways in the building? We didn't ask him to do it - its 10 years or
longer since he did anything. Every year he gets a 7.50% rent increase
from 6 families that are rent controlled.
Post
your answer
Answer: A ll
approved MCI (Major Capital Improvements) are passed on to the tenants.
However, I believe there is something NOT right in the picture your
question has painted (no pun intended). You need to call the NYC Rent
Stabilization Board. They keep an eye out for rent stabilized tenants
and will be the best source for answers to this question.
Pgrech
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Question #198:
I live in a 20 story building with about 260 units.
This is a post war building with central heating and air conditioning,
with oil fired boiler. When I inquired about adding a roof deck I was
advised that this would be unhealthy and that people that used it could
literally turn green. I was never able to get another explanation. Other
than structural issues, what are other areas of concern with adding a
roof deck, especially health concerns.
Post
your answer
Answer:
There may indeed be health issues: If I read the
question right you are in a central air-conditioned building, so there
is usually a cooling tower. The cooling tower many years ago was
responsible for Legionnaires Disease. Poor maintenance of this equipment
can lead to sickness. The cooling tower water has chemicals added to it.
So a proper answer depends on the maintenance of the cooling tower, as
well as how close any planned deck is to the cooling tower.
Pgrech
Answer: There are NO health
concerns with adding a roof deck, unless you want to consider the
construction noise from building it, or the sunburn you might get from
sunning yourself on it. Whoever told you that a roof deck could turn you
green is either a kook or was playing with you.
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Question #196:
I just recently moved into a home converted to 4
different units. The heat is included, and that is the problem. Under
habitability laws, how warm must the landlord keep the home. I have
talked to several residents and they to have said the place is extremely
cold. On average 58-62 degrees.
Post
your answer
Answer: It appears, after
reading some of the applicable law about landlords supplying heat in the
Housing Maintenance Code AND the section on heat in the
Multiple Dwelling Law, that your heat may be below the minimums set
by those laws. However, the question remains whether or not the building
in which you live comes under these laws or not. I believe it does, but
it's something you must determine for yourself. You can always call 311
and file a heat complaint when you believe the heat is too low, and take
it from there.
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Question #192:
The landlord provides heating in our apartment
block. What are his responsibilities regarding when the heating comes on
and how long it stays on?
Post
your answer
Answer: The very basic minimum
requirements for heat are enforced by the City; further information is
available
here.
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Question #188:
My new
landlord is planning to install an electronic key/magnetic lock
proximity card system at our entrance doors. The tenants are concerned
with the failure rate of this new system and the restriction of access
to the building. Are landlords allowed to restrict access to the
entrance doors (in rent stabilized buildings). Do these systems fail
during blackouts? How else might they fail?
Post
your answer
Answer:
There is no Code limiting the use of card entry, as
opposed to key entry, for rent | |
