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Posted by Tenantnet on March 22, 1998 at 07:58:45:

In Reply to: Restaurant fumes posted by Chad on March 02, 1998 at 14:30:33:

: I live in NYC in a rent stablized apartment on the second floor. For the six
: years I have been living here, psychic occupied the storefront
: below my apartment. Recently, the psychic moved out and a restaurant moved
: in. Since the restaurant opened, my apartment has been laden with food
: smells so heavy that it is sometimes hard to sleep. The restaurant has no
: vent so all of the fumes, including those from smoking and grilling, come
: into myapartment. The restaurant doesn't open to the back of the apartment
: building; so there is no apparent place to install a vent.

: Is there any thing I can do legally about this situation? Could this be
: a form of reduction of services that I could levergage with my landlord to
: force some change in the situation?

: In general, my landlord is uncooperative in fixing any situation in the
: building as the tenants in my builing have had to withhold rent in the
: past to get heat and to fix unsafe conditions.

: Any information is well appreciated. Thank you.

You may need to get the landlord involved, but you can also complain to
your local community board AND also to the Dept of Buildings, Health
Department and Air Resources for lack of ventilation. Restaurants should
install chimneys (metal circular things hugging the rear wall of a building)
to vent -- and they should rise at least three feet above the roof. I think
both the Building Code and Air Resources call for this.

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Comments:
: : I live in NYC in a rent stablized apartment on the second floor. For the six
: : years I have been living here,  psychic occupied the storefront
: : below my apartment. Recently, the psychic moved out and a restaurant moved 
: : in. Since the restaurant opened, my apartment has been laden with food 
: : smells so heavy that it is sometimes hard to sleep. The restaurant has no 
: : vent so all of the fumes, including those from smoking and grilling, come 
: : into myapartment. The restaurant doesn't open to the back of the apartment
: : building; so there is no apparent place to install a vent.

: : Is there any thing I can do legally about this situation? Could this be 
: : a form of reduction of services that I could levergage with my landlord to
: : force some change in the situation?

: : In general, my landlord is uncooperative in fixing any situation in the
: : building as the tenants in my builing have had to withhold rent in the 
: : past to get heat and to fix unsafe conditions.

: : Any information is well appreciated. Thank you.

: You may need to get the landlord involved, but you can also complain to
: your local community board AND also to the Dept of Buildings, Health
: Department and Air Resources for lack of ventilation. Restaurants should
: install chimneys (metal circular things hugging the rear wall of a building)
: to vent -- and they should rise at least three feet above the roof. I think
: both the Building Code and Air Resources call for this.


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