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Construction INSIDE the building--what are the rules?

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Construction INSIDE the building--what are the rules?

Postby Cold Hands in Queens » Sat Mar 16, 2002 3:53 pm

Hello all...I thought I knew my way around leases, and Landlord-Tenant law but now I'm in a bind...

I live in a walk-up in Brooklyn...Landlady decided to renovate the lobby, ie all space on the stairs, landing, etc...I'm in a place on the first floor.

Well, when the guys started hammering on MY wall and tearing stuff up at 8 AM, I called my landlady...she said it wasn't EXTERNAL construction and she could it allow to start pretty much whenever she pleased.

Now, it's Saturday...I thought that I could at least sleep in today, but NOOOOOOo........at 8 AM it was back to business as usual, and I went out and screamed at the guys who didn't speak English anyway to STOP. I had gone to bed late...so I popped a sleeping pill and slept for a few hours more.

Infuriatingly enough, of course, they were back to doing Quiet Activities later in the day....

So, now, I just called my landlady, who again yelled at me and told me that SHE made the rules for the building, and I just had to live with it.

Where I used to live, there were pretty strict no-construction-on-weekends-rule.

Of course, now they're just cleaning up at 3 PM...I guarantee they'll be back Sunday at 8 AM and HAMMERING again.

Now, this place is a dump, and there's been a sudden spate of repairs, so it's safe to assume that after this round is done, there will be more.

What can I do?

Status: Rent-stabilized apt, under a lease (not month to month), Brooklyn, NY.

Thanks to all,

Please post answers here or priv. message,

--Sleepless
Cold Hands in Queens
 
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Re: Construction INSIDE the building--what are the rules?

Postby lappert » Sun Mar 24, 2002 6:06 am

It does not matter if it's internal or external, there are rules. But they can start as early as 7 AM and I think they can go until 6 PM. These are rules by the Dept. of Buildings. But certain things may not be covered by DOB -- certain non-construction maintenance or cosmetic work like painting, etc. Oon the other hand, weekends are NOT permitted unless they get a special permit. Check with DOB and get the phone number for the weekend squad. If you can get them (not always guaranteed), they can issue a violation for weekend work without a permit. But make sure it's something substantive - real construction.
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Re: Construction INSIDE the building--what are the rules?

Postby <allen> » Sun Mar 24, 2002 2:02 pm

Hey first floor, does it lead to a backyard? are there none or a few steps to the street?

then give me your phone # i will rent it.
<allen>
 

Re: Construction INSIDE the building--what are the rules?

Postby <link> » Mon Mar 25, 2002 6:16 pm

in addition to the DOB rules, there is a NYC Administrative Code which prohibits the use of professional power tools all weekend and certain hours on weekdays (before *am/after 5pm??) goto the OLD TN forum and use the search engine: if you find it, please post it here.

otherwise, goto your local library regional branch.
<link>
 

Re: Construction INSIDE the building--what are the rules?

Postby TenantNet » Tue Mar 26, 2002 7:48 am

Correcto - old VID soothsayer -- except that DOB and NYC Admin Code are the same thing.
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Re: Construction INSIDE the building--what are the rules?

Postby <link> » Wed Mar 27, 2002 11:43 am

yes, the Building Code is a small part of the NYC Admin Code..... so is the HMC.

this law I referred to is not in 26-xxxx nor in 27-xxxx.

here's a small part of it (sorry, can't find the rest onfile, probably just on paper somewhere....

LOCAL LAW 12 OF 1996

Int. No. 68-A

By Council Members Leffler, Michels, Henry, Rosado and Fossella; also Council Members
Foster and O'Donovan

A LOCAL LAW

To amend the administrative code of the city of New York, in

relation to noise restrictions on lawn care devices and power tools.

Be it enacted by the Council as follows:

Section one. Subdivisions hh through mm of section 24-203 of the administrative code of the city
of New York are relettered as subdivisions ii through nn, respectively, and a new subdivision hh
is added to read as follows:

(hh) Lawn care device means any device powered mechanically, by electricity, by gasoline, by
diesel fuel or by any other fuel, which is intended to be used or is actually used for the mowing
of grass, the cutting or chipping of trees, tree roots or tree branches, or the clearing of leaves
or other vegetation from lawns, sidewalks, public streets or public highways and shall include,
but not be limited to, such devices as lawn mowers and lawn mower attachments, lawn edgers,
leaf blowers, leaf vacuums, mulchers and chippers.

§2. Subdivisions nn through ccc of section 24-203 of such code are relettered as subdivisions
pp through eee, respectively, and a new subdivision oo is added to read as follows:

(oo) Power tool means any device powered mechanically, by electricity, by gasoline, by diesel
fuel or by any other fuel, which is intended to be used or is actually used for, but shall not be
limited to, the performance of such functions as cutting, nailing, stapling, sawing, vacuuming
or drilling.

§3. Subchapter 4 of chapter 2 of title 24 of such code is amended by adding a new section
24-227.1 to read as follows:

24-227.1 Lawn care devices. a. No person shall operate or use or cause to be operated or used
any lawn care device: (i) before eight a.m. and after seven p.m. or sunset, whichever occurs
later; or (ii) at any time in such a way as to create an unreasonable noise.

b. The provisions contained in paragraph (i) of subdivision a of this section shall not apply to
an employee of the department of parks and recreation who operates or uses or causes to be
operated or used any lawn care device between the hours of seven a.m. and eight a.m. in any
location more than three hundred feet from any building that is lawfully occupied for residential
use. The distance of three hundred feet shall be measured in a straight line from the point on
the exterior wall of such building nearest to any point in the location at which such lawn care
device is operated or used or caused to be operated or used.

§4. Subchapter 4 chapter 2 of title 24 of such code is amended by adding a new section
24-227.2 to read as follows:

24-227.2 Power tools. No person shall operate or use or cause to be operated or used any
power tool in such a way as to create an unreasonable noise; provided, however, that when a
person actually operates or uses a snow blower, or causes a snow blower to be operated or
used, for the purpose of complying with subdivision a of section 16-123 of this code, such
person shall not be in violation of this section.

§5. The table of civil penalties set forth in paragraph 5 of subdivision b of section 24-257 of the
administrative code of the city of New York, as amended by local law number 110 for the year
1993, is amended by adding immediately after the line which reads "24-227 1,400 440" and
immediately before the line which reads "24-228 875 220" the following:
:p
<link>
 


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