Ceiling damage

[amuk]

Hello, can anyone give me some advice about this?
part of my bathroom ceiling collapsed from water damage yesterday afternoon, it looks like the wood just rotted out.

[img]http://img829.imageshack.us/img829/5427/p1030239o.jpg[/img]

taken at 9:44am before the collapse. you can see a pocket of water that was leaking and also some black mold that appeared two or three days ago.

[img]http://img243.imageshack.us/img243/3548/p1030255.jpg[/img]

taken around 2:50 when the hole was discovered.

[img]http://img714.imageshack.us/img714/3920/p1030257d.jpg[/img]

[img]http://img827.imageshack.us/img827/6683/p1030258i.jpg[/img]

for now it's been cleaned up and patched with a garbage bag and duct tape, but this morning half of the bag came untaped because of the humidity, so water has been dripping in.

I called the landlord right away and left two messages on different message machines, but he's Jewish and it's a holiday and I seriously doubt he will get back to me until Monday. I also filed a complaint with 311. I also plan to mail him a letter requesting that the damages be fixed and that I and my roomates are withholding rent until it is fixed.

Is there anything else I can do? I want to move out, but our lease isn't up for another 7 months.

The landlord is notoriously absent. He gets $300 violations for garbage on the sidewalk almost every month. The oven doesn't work(unreported), the south facing wall is falling away from the building, the floors and ceilings are all sloped. No one lives in the two apartments above us or the apartment below us (the tenants above us moved out last month) and there are lots of mice (unfortunately also unreported). I am also illegally subletting one of the rooms to a friend, though before the ceiling fell in I attempted to contact the landlord about adding her name to the lease, now I am not sure any of us wants to have our name on the lease at all.

thank you for any advice...!!



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[TenantNet]

First, it's not a sublet; it's a roommate. Different animal. LL has no obligation to add additional persons to lease.

Second, I would IMMEDIATELY call Dept. of Buildings about the south wall. That is immediately dangerous and life threatening. If the wall collapses (possible under this much rain), the entire building could fail. Demand they send an inspector ASAP. And be prepared for a possible vacate order. But in the end would you rather be killed? I'm saying this based on your description. Sloping floors is not in itself a sign of structural failure and could be the building settling. But if the wall is pulling away, you got big problems.

HPD has names/numbers for 24-hour contact for the LL. Demand they call the LL. Too bad it's a holiday. Would you expect a Christian to be immune from having to dealing with such a situation on Christmas or Easter?

The ceiling damage is dangerous, but not life threatening and might be able to wait until Monday. But if he does nothing then, you have every right to withhold rent or move out for a Warranty of Habitability violation. But make sure he's been notified (send overnight mail).

Get photos of the area above the ceiling to see if the joists have rotted. This might be more than a ceiling repair.

Your actions will depend on if you want to leave or stay.

[amuk]

Thank you so much for your advice! The HPD inspectors came an wrote up a report, I also assume they tried to contact the landlord. Housing department just inspected as well and the building is in violation (class 2) but doesn't seem to be immediately in danger of collapse.

My roomate was supposed to mail a letter of complaint to the landlord but apparently that didn't happen (thanks roomie!) so I am going to mail him on Monday along with copies of all the HPD and Department of Buildings reports and photos of the damage.

We are going to suggest that with all the repair expenses, the LL might just want to demolish the building.

Thank you again for your help!!

[TenantNet]

Please clarify, what do you mean by "Housing Department"?

HPD is the "Housing Department"

Do you mean DHCR, or Dept. of Buildings?

Do not assume they tried to contact the LL. They will mail a copy of the violation to the LL's name on record, but that's it unless it's a Class C violations (immediately hazardous). Class C is a term used by HPD. I don't know what you mean by Class 2.

We are going to suggest that with all the repair expenses, the LL might just want to demolish the building.

Don't. That would be really stupid.

[amuk]

I'm sorry for the mis communication, the HPD inspected the ceiling leak, and then Dept. of Buildings inspected the wall.

Why would it be stupid to suggest this? I want to leave this apartment as soon as possible.

[TenantNet]

If you want to leave, then do so. Don't suggest the LL destroy other people's homes.

[amuk]

If you want to leave, then do so. Don't suggest the LL destroy other people's homes.

No one else lives in this building <:/

I wouldn't have suggested that if other people lived here or if i thought this was a safe environment for people to move into, sorry for the confusion.

Thanks again for your advice.