TenantNet Forum

Where tenants can seek help and help others



Does landlord have to repair to former condition?

Issues unrelated to specific categories below

Moderator: TenantNet

Does landlord have to repair to former condition?

Postby UWS_issues_2013 » Sat Feb 02, 2013 6:19 pm

My building just went through a long re-working of the gas lines and we were without gas for several months. But the repairs made, which include moving the gas meter so that it is hanging open over the fridge, and installing new gas lines that are visible. Also the area where they installed the gas meter basically has plywood taped to the wall and is not finished.

They reduced rent while the gas was turned off, but raised it back to the normal amount as soon as the gas was turned on. But I'm still living with a hideous open pipe in my kitchen, a visible gas meter and various cosmetic damages (holes in the ceiling, tiles broken, microwave damaged during installation of the pipes, etc).

I no longer have as appealing an apartment as I did when I signed my lease. The gas does work, but am I entitled to a lower rent because of how hideous the repairs are? Or can I break my lease?
UWS_issues_2013
 
Posts: 4
Joined: Sat Feb 02, 2013 6:10 pm

Postby TenantNet » Sat Feb 02, 2013 7:15 pm

Few questions... are you rent stab? Are most of the tenants in the building rent stab?

Cooking gas is an issue we're following in several places. Can you send us the address and name of the landlord via private mail? Do not post it publicly on this forum.

How much did they reduce the rent by during the period when the gas was turned off? Did they make any other concessions or do anything else to make your life livable?

Are they seeking any rent increase for work done on the meters or elsewhere?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10324
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby UWS_issues_2013 » Sat Feb 02, 2013 7:45 pm

1. The apt is not rent stabilzed.
2. I'll send via private message.
3. They reduced the rent 10% while the gas was turned off. There were no other concessions.
4. They have not asked for an increase, but other tenants have told me that their renewals that came shortly after the gas situation was fixed, asked for more than $100 in rent increases.

I should also note some other circumstances. During the repairs, I had many issues with the repair process. Becaue they never provided more than afternoon/night before notice, I could not change my work schedule and had to allow the super to provide the access to the apartment. He essentially "outsources" his job to illegal workers and does not properly supervise them. The illegal workers allowed my apartment to be used as a bathroom for workers in one instance. The super said he had no knowledge of this (of course because he was not on site). My super is also a noise problem, he comes home around 4pm everyday and screams at his illegal workers. I know this is a separate issue, but it contributes to my frustrations.

I need to know if I have a right to get the apartment into the same shape it was when I signed my lease. I didn't agree to live in an apartment that has ugly gas lines, cosmetic damages, plywood taped to the wall, and a gas meter sitting out in the open. I feel like these repairs, while they were expensive for the LL, reduce the overall value of the apartment. But I have no idea where the law sits. The apartment is "habitable", but not worth as much as before in my opinion.

My preference would be to break the lease, since the super is so unreliable and makes living here a problem and the apartment is so much less attractive. But if not possible, I would like a rent reduction while the repairs are in the current state.
UWS_issues_2013
 
Posts: 4
Joined: Sat Feb 02, 2013 6:10 pm

Postby UWS_issues_2013 » Sat Feb 02, 2013 8:16 pm

Oops, missed the question about the other apts being rent stabilzed. There are many apartments that are rent stabilzed in the building, but I have no idea how many or if it is the majority or the minority. I do know that the apartments that are rent stabilzed did not recieve any rent decrease during the time the gas was turned off.
UWS_issues_2013
 
Posts: 4
Joined: Sat Feb 02, 2013 6:10 pm

Postby TenantNet » Sat Feb 02, 2013 9:33 pm

As for the RS units, the LL could have voluntarily reduced the rent during the time when no gas was provided. He could have provided hot plates. The RS tenants should file with DHCR for a rent reduction, or of it's been restored, seek an abatement in housing court or small claims court. The former would likely involve withholding rent and counterclaiming for an abatement of rent for the period in which gas was not provided.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10324
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby TenantNet » Sat Feb 02, 2013 9:41 pm

As for your apt. I would do some heavy research and see if it was deregulated illegally. Many are.

The new rent increases obviously undo rent reductions during the period when gas was not provided.

As for the gas meter sitting out in the open, that is quite common, and not a reduction in service. But the new pipes might reduce your usable space, and that in my opinion would be a reduction in services. The problem is that you're not rent stab ... at least now now.

As for breaking the lease, that's your choice, but be aware the LL might claim you are responsible for the rent for the remaining part of the lease.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10324
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby UWS_issues_2013 » Sat Feb 02, 2013 10:19 pm

Thanks for the info. I guess I'm suprised that I don't have more rights regarding the way the repairs were made. When I signed the lease, I would have thought that I could expect not to have the value of the apartment decrease. The biggest issue with the lease situation is that I cannot even sublet for the same rent, it's not worth as much. Most renters would balk how ugly the meter looks and the fact that the drywall around it isn't even repaired. I mena, I don't want to pay what I'm paying for this mess of a kitchen. It seems like a bait and switch.

The usable space argument might work, but the way it was done, only one cabinet is effected. The piping just really ugly, since they did not want to deal with the expense of putting the pipes in the walls.

I will check on the stabalization. I appreciate all the info.
UWS_issues_2013
 
Posts: 4
Joined: Sat Feb 02, 2013 6:10 pm


Return to NYC General Discussion

Who is online

Users browsing this forum: No registered users and 28 guests