renovation mess

[sully]

I live in a rent-stablized brownstone. Renovations are occurring on the apartments next door to mine on my floor, including tearing down walls and ceilings. The result is large amounts of dust which seeps into my apartment through my door, big cracks in my walls and ceiling (which the landlord has promised to fix after the work is finished), and just a general mess in our hallway and stairs (dust, wood chips, etc.). The worst is the terrible noise and vibrations that begin every morning at 8 am. I feel that I should get a reduction on my rent for the inconvenience of this. Do I have any right to ask for this? How would I go about it?

[mjr203]

from http://www.housingnyc.com/resources/faq/repairs.html#mess

"My building is a mess - are there rules regarding the time and duration of construction?

The owner of the building should have a building permit for the work. Generally, permits specify the allowable hours of work. The Department of Buildings is charged with enforcing the terms of the building permit. You can call the Department of Buildings to make sure a permit was issued and to determine what the allowable hours of work are. If the company is not abiding by the terms of the permit you should document the company's infractions and present this evidence to the Buildings Department.

Naturally, construction is a messy job, so you can reasonably expect somewhat dirtier conditions. However, if the building is a real mess and no effort is being made to clean up, or if you believe that the construction is resulting in exposure to hazardous materials, you should immediately contact the Buildings Department.

You can also file an "Application for a Rent Reduction Based Upon Decreased Building-Wide Services" (DHCR Form RA-84) with the NYS Division of Housing & Community Renewal, the state agency which administers the rent laws (718-739-6400). (Information is contained in this fact sheet on our site.) You can try and argue that prolonged noise and dirt in the building constitutes a failure by the landlord to provide adequate services and that you should receive some sort of rent reduction or other relief."

Naturally any complaint you make should be balanced between the severity of your problem and your willingness to lean on your relationship with your LL.