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Posted by DK on January 18, 1999 at 12:30:04:

In Reply to: Coop Board posted by Michele Finley on January 18, 1999 at 00:35:41:

Co-op rules are binding if they are "reasonable" and do not conflict with the law. The NY warranty of habitability, Real Property Law 235-b, gives you the right to a rent abatement if you are not receiving all of the services and repairs required to make your apartment habitable, that is, in decent living condition. The warranty of habitability law expressly provides that it is not waivable. Many court decisions have ruled that coops have the same responsibilities as ordinary landlords when it comes to compliance with the warranty of habitability.

The real issue is whether it's the coop or your landlord who ultimately bears the cost. Legally, you only deal with your own landlord who must compensate you for any breach of the warranty of habitability. Whether your landlord can recover the abatement from the coop is not really your concern and will depend on whether the proprietary lease makes the coop or the shareholder responsible for the repair.

: I am a rent stablized tenant in a coop building that was converted years after I moved in. The board says I must obey "coop rules". Is this true? Also, there was a leak in my bathroom ceiling that originated in pipes not located within my apartment and some of my personal property was ruined. The board fixed the leak after a 2 day delay but says they are not responsible for paying for the damage to my property according to "coop rules". Is all this true?

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Comments:
: Co-op rules are binding if they are "reasonable" and do not conflict with the law. The NY warranty of habitability, Real Property Law 235-b, gives you the right to a rent abatement if you are not receiving all of the services and repairs required to make your apartment habitable, that is, in decent living condition. The warranty of habitability law expressly provides that it is not waivable. Many court decisions have ruled that coops have the same responsibilities as ordinary landlords when it comes to compliance with the warranty of habitability. 

: The real issue is whether it's the coop or your landlord who ultimately bears the cost. Legally, you only deal with your own landlord who must compensate you for any breach of the warranty of habitability. Whether your landlord can recover the abatement from the coop is not really your concern and will depend on whether the proprietary lease makes the coop or the shareholder responsible for the repair.

: : I am a rent stablized tenant in a coop building that was converted years after I moved in.  The board says I must obey "coop rules".  Is this true?  Also, there was a leak in my bathroom ceiling that originated in pipes not located within my apartment and some of my personal property was ruined.  The board fixed the leak after a 2 day delay but says they are not responsible for paying for the damage to my property according to "coop rules".  Is all this true? 


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