ll prohibiting access to CV

[L.Savato]

Does New York have a statute prohibiting a landlord from terminating/interrupting any utility services against the company's request, (in my case, not granting cablevision access to the building)?

My ll has a disagreement with cablevision and does not want to grant the cablevison techninician access to the building!

If yes, Can someone post a link to the statute for me!?

Thnks, Any help will be greatly appreciated!!

[mjr203]

http://www.housingnyc.com/resources/attygenguide.html
http://www.oag.state.ny.us/realestate/habitability.html
RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable televison facilities. (Public Service Law ß228) .

btw you'd be better off with a pseudonym as your username.

<small>[ August 28, 2002, 10:23 AM: Message edited by: pointerout ]</small>

[mjr203]

got it

S 228. Landlord-tenant relationship. 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well
being of other tenants;
(2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal
of such facilities; and
(3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such
facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefor in excess of any amount which the commission shall, by regulation, determine to be reasonable; or
(c) discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this
section.
3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment.

http://caselaw.lp.findlaw.com/nycodes/c95/a16.html

almost all the way at the end of the page

<small>[ August 28, 2002, 10:19 AM: Message edited by: pointerout ]</small>

[mjr203]

Originally posted by me again:
looks like the ll has a multitude of 'outs' on this one.
again, what is the nature of the ll's 'disagreement' with cablevision?

Yes but if the LL is preventing access because of a personal issue with CV then they are in violation of the statute.

You are so pro-LL it hurts.

[mjr203]

Originally posted by me again:
that might be because i am one. lol...
it's all in the technicalities, pointerout.

true true

[L.Savato]

Thanks Guys for the overwelming advice and support.

You Guys will not believe it but the ll is not granting access not to my apartment but to the basement because he says cablevision promise the super free cable services and has not comply (the super is the ll's aunt).

Cablevision states that free cable is granted to the super only when the building has 150 units or more. My building has 25 units! Also, cablevision call me today and said that they were aware of the problem and will send the technician to my building tommorow 08/29/02 for installation, if the same problem persist they will proceed with legal action. Hope this works out!

I told the ll that it was not my business or problem about his personal problems with CV but the snob told me that indeed it was because as long as CV does not supply his aunt with free cable no one else will benefit from CV services!

(This guys really got some balls)!!

[mjr203]

Like I said and as you obviously perceive, he is dead wrong...

Have you read him the letter of the law? Do you think it'd do any good?

I agree with Me Again -- see what the cable lawyers do...

[L.Savato]

I will let you guys know what happen..Later today! Thnks Guys!

PS L.Savato is my pseudonym