Posted by Anna on November 05, 1999 at 21:31:21:
In Reply to: stove blow-up posted by rena tucker on November 03, 1999 at 15:19:41:
: i am living with my boyfriend who has a rent-stabalized apartment in murray hil (written lease & maybe 8 or more studio apartments). while cooking, the stove had a minor explosion when the broiler flame came up through the oven to light the stove top burners. the broiler door and oven door flew open and a huge ball of flame flew in my face leaving minor burns on my hand and arm, and singed eye lashes, eyebrows and hair.
: this is clearly unsafe, and management gave 2 choices since the stove is definitely unoperable and the pipes were declared old and inadequate by con edison and the superintendant.
: 1. replace the old stove with a new one with the rent jacked $5.00 a month.
: 2. replace the stove with a used one for free.
: is this legal? what are our rights to sue, especially when i'm not a tenant and they do not know we are sharing.
1. It probably will be more than $5/month and is only collectible IF the tenant requests a NEW appliance.
2. The LL is required to repair or replace the stove with one NO WORSE (e.i., no smaller, no less burners) than the old one. If they can't repair it and can't replace it with a used one, the NEW one would be free to the tenant. Read about it on DHCR's website or call them for a brochure.
3. It is nobody's business, especially the landlord's, that the tenant has a roommate: read about the Roommate Law here and on Tenant.Net Home.
4. If your injuries were treated by an M.D., and if the landlord knew about the faulty stove or gas lines before the blowup, consult a 'personal injury lawyer', not a landlord-tenant lawyer, concerning a lawsuit. How to find one? ask friends, associates, other lawyers, call a Bar Assoc: www.NYSBA.org or www.NYCLA.org.
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