URGENT question - RPL for gas

[greenslade]

Help please! I need to know the NY Real Property Law (RPL) section and article that states that tenants in LL owned buildings have the right to gas (for cooking). The section and article may conversely imply the right to gas in an undeniable way (like drawing it under "appurtenances" or something - can you tell I'm not a lawyer?).

Could someone please cite the RPL?

Thanks!

[Cranky Tenant]

Have you tried checking the links, under Housing Laws, at the top of this page?

[greenslade]

Have you tried checking the links, under Housing Laws, at the top of this page?

Oh yes, and I find nothing there that addresses this. The RPL and the Housing Maintenance Code that are given here go into gas appliances, but really only speaking of heaters and not cooking gas.
I guess I'm saying I'm hoping a lawyer would come across this and be kind enough to answer.

[TenantNet]

I would have suggested the Housing Maintenance Code or the Multiple Dwelling Law, if anything. Occasionally the NYC Zoning Resolution goes into some specifics. The NYC Electric Code or the NYC Building Code might address minimum provisions.

The law would likely not express one's right to a particular service, but rather would speak to a situation that if the service was being provided, then certain minimum standards be met. Also, standards would reflect construction standards designed to ensure basic safety (i.e., windows for ventilation, flame resistant materials, etc., plumbing standards and tests for leaks such as the peppermint test).

I don't believe the RPL would have anything regarding gas. Did you search for it in the RPL?

But your question is unclear. Perhaps you could rephrase it with details of the specific situation. Do you have a kitchen where there are no gas lines? Is there sufficient electric service to power an electric stove?

[greenslade]

Thanks TN for the reply.

Would you say that the gas pipes (up from the basement, and then the pipes that separate off that and go to each apartment's stove) fall under "appurtenances"? I found various mentions along the lines of reasonably expected appurtenances necessary for the tenant's quiet enjoyment of the unit (or something like that).

There is HMC sec. 27-2070(a) "The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with gas or electricity or both for cooking." We've all had gas stoves for time immemorial. The LL did provide us with hot plates while the gas is out, not to replace the stove in perpetuity. There is not sufficient electric service to power a true electric stove since even plugging in and running two hot plates at a time blows the circuit.

There's also HMC sec. 27-2005, but it doesn't seem to state the clear right of tenants to gas service they have enjoyed all along. I'm looking for our right and not their responsibility. This is all I've been able to turn up so far code-wise.

I will look at the Multiple Dwelling Law, NYC Zoning Resolution, NYC Electric Code and the NYC Building Code.

Thanks for your help!

[TenantNet]

Any chance you could boil all that down into just a few sentences? My eyes were wandering trying to get through all that. This isn't rocket science. What did you have before? Then you're entitled to that now. Simple. Don't try to decipher convoluted law.

[greenslade]

Apologies for the long-windedness (too much caffeine).

Yes, we have always had gas until a gas leak was found. ConEd shut off the gas and won't turn it back on until the gas lines are updated.

If, as you said, we are entitled to restoration of gas since we had it up till now, where in the law is that explicitly stated?

Thanks again!

[TenantNet]

That's better. If the gas was leaking, the LL must repair it and have Con Ed test it for leaks (the peppermint test).

Did the LL claim you don't have a right to gas? What has happened since the leak was discovered?

Do you have a tenants association? Have you spoken to an attorney? Do you know what sort of fuel is used for heat? Where was the leak .. in just one or a few apartments, or elsewhere that might make it a building-wide issue?

Not having gas might be construed as being a constructive eviction, but that depends on the circumstances.

[greenslade]

LL hasn't claimed anything yet. They attempted repair but failed and now appear to be doing nothing further about the problem.

The leak was discovered in a riser in the basement and reported to ConEd by persons unknown.

Not sure if the heat is oil or natural gas.

We are in the process of forming a tenant association but don't have a lawyer.

Nobody's looking to move out or withhold rent. We just want the gas back!

[TenantNet]

This sounds like a garden-variety situation where the tenants will either have to go on strike, or commence a HP proceeding in Housing Court to get the LL moving.

[greenslade]

We're going to petition them out of court & give them a chance to remedy things first. Our petition makes it clear that court will be our next move if they don't make things right. In the petition we want to be able to cite the exact code or law that obliges them to restore the gas service. Something like, "according to RPL or MDL or ??? article ?" you are required to repair and safely restore gas service to building X" which puts it squarely in the context of legal rights/obligations, etc., and is irrefutable.

[TenantNet]

A petition is a court document. Do you mean, simply send them a letter? I don't think there's any need to cite any statute. The LL knows what they are required to do. And actually you would likely undercut yourself by trying to be a lawyer. Just cite the facts and tell the LL if they don't make repairs by X date, then you will consider your options. (don't tell them exactly what you will do).

BTW, have you gotten any HPD and/or DOB violations placed? If not,get both. Do that now.

[greenslade]

Yes, both DOB and HPD are aware of the situation. Citing the exact code was actually recommended to us by an attorney (not retained). Our LL tends to, maybe not outright lie when confronted, but, for example, when told a window was broken in a tenant's apt, LL replied with, "well, we'll help you pay for a new one if you want to fix it."

But point taken. Probably it's best to leave it out since the clock is ticking.

We really appreciate your input and quick responses too!

[TenantNet]

Being aware is not the same thing as having a violation placed. Get the agencies to place violations (and as a consequence they will cite the law).