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LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Relating to Department of Buildings, Development and Zoning

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LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Postby cbonapti » Thu Apr 06, 2006 8:08 pm

HELLO. HOUSE OWNER OCCUPIED. I RENT 2ND FLOOR, OWNER OCCUPIES 1st FLOOR. HE'S RECENTLY RENOVATED 3RD FLOOR OF HOUSE, NOW PLANNING TO PUT BATHROOMS IN 3RD FLOOR. HAS HAD CONTRACTORS LOOK AT JOB, THEN INSPECT MY BATH (ON 2ND FLOOR). MY QUESTION IS, NOT KNOWING IF I WILL BE IMPOSED UPON OR NOT- WHAT ARE MY RIGHTS AS TENANT, HAVING 100% PRIVLEDGES/RIGHTS TO 2ND FLOOR INTERIORS, WHILE RENOVATIONS BEING DONE UPSTAIRS? IT WAS NOT IN THE LEASE THAT WE UNDERSTOOD WE'D BE EXPECTING RENOVATIONS. THERE HAS BEEN TENSION SINCE THE RENOVATIONS BEGAN, AS WE DIDNT KNOW THERE WAS GOING TO BE THE HEAVY WORK DONE, PRIOR TO MOVING IN. THANK YOU FOR ANY INPUT
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Re: LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Postby TenantNet » Thu Apr 06, 2006 10:33 pm

Please retype your message in regular type, not ALL CAPS. Most people will ignore all-caps messages.
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Re: LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Postby Aubergine » Thu Apr 06, 2006 11:44 pm

"WHAT ARE MY RIGHTS AS TENANT, HAVING 100% PRIVLEDGES/RIGHTS TO 2ND FLOOR INTERIORS, WHILE RENOVATIONS BEING DONE UPSTAIRS?"

Exactly.
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Re: LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Postby Aubergine » Fri Apr 07, 2006 9:50 am

A tenant does indeed have "100%" privileges and rights to the leased apartment during renovations elsewhere in the building. If a LL's actions unreasonably disturb the tenant or otherwise force the tenant to abandon all or part of the premises, the tenant may have claims for breach of the warranty of quiet enjoyment, breach of the warranty of habitability, or for total or partial constructive eviction.
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Re: LANDLRD/OWNER CONST IN MY APT NOT FOR MY BENEFIT

Postby Anna » Fri Apr 07, 2006 10:20 am

Is this proposed 3rd unit LEGAL?
Zoning Resolution allow 3-family homes on that lot?
Does LL have a permit from DOB for this construction? (look under both 'permits' and 'jobs' on DOB site.)
Does permit include a proposed new Certificate of Occupancy?

Go to http://nyc.gov/ get then post the answers here.
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