Posted by DK on September 07, 1999 at 11:41:59:
In Reply to: living in danger posted by tim montgomery on September 04, 1999 at 01:47:38:
: Dear Sirs, tonight my ceiling in my bathroom caved in because of an upstairs neighbors water overflow, the problem goes further though, when the ceiling fell along with it came about fifty pounds of rock, wood, sediment, metal things, a mess, I was in shock, I knew they renovated the aptartment above me about a year ago and have noticed that my ceiling has began to have cracks, but had no idea that it was because of the weight of what is sitting up there, Id also had several asmha attacks during the construction back then which cost me alot of hospital visits, ashma which i hadnt had since childhood. When this stuff came down again Ive had one. On top of my bathroom looking like a construction disater many electrical things in there were ruined , I would say heavy damage. because of the rocks breaking things including the toilet seat, Im scared that one day if something else happens I living in a dangerous apt and now knowing what is sitting on top of my ceiling Im contacting you to find out what I can do to have my entire apt rid of this danerous situation, pleas advise me of my options. My landlord is very nice but I dont think hes going to be willing to correct this and I feel its not in proper conduct with NEW YORK Apt. rentals. If it is and Im tuff out of luck Ill move but I did take pictures of the incident and will remember to always move when they renovate the apt upstairs. lol. I love where I live and I pay premium rent, again please advise, thanks
: Tim Montgomery
: 330 West 15th Street. Apt. 2a
: New York,. New York 10011
: 212 242 9360
Your landlord has the obligation to maintain your apartment in habitable condition. Obviously, this means he has the repair all of the damage to the apartment. If he is reluctant to do so, you can bring an action in the Housing Court to obtain a repair order. Go to the HP Clerk in Room 225 at the Courthouse, 111 Centre Street.
If either your landlord or the upstairs tenant was negligent, you can recover your damages in a small claims action, which you start by seeing the small claims clerk at 111 Centre Street.
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