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Blocking exits

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Blocking exits

Postby diva » Mon Jul 19, 2004 9:32 am

When I signed my lease for my rent stabiized apartment I had a door that led to a backyard from my kitchen and an entry door from the kitchen to the outside hallway. The door towards the front of the house had been blocked off by the landlord. My landlord said it was okay because the housing code says this six family frame building is required to have two doorways for each apartment but there is no specification is made as to where they should be. Okay, no problem with that because I have more wall space and this worked to my advantage. However, 2 1/2 years ago, the landlord without notice blocked me from used of the backyard by building a five foot wrought iron fence, kind of like a jail cell around the landing of the stairs leading the to back yard. He piled all my plants and patio funiture completely to the top and then he put a big silver lock on the door. NO Exit. This was in retaliation for calling in an illegal basement apartment being used by a stripper to "entertain" guests. Noise and drugs and sex sounds five nights a week for 10 months. No relief from the landlord, who himself was down there often enough. I turned in the apartment after many notices to the LL and he within a few weeks retaliated by shutting me off from the backyard.

I went to court over losing the backyard and lost on the basis that it wasn't in the lease that I should have it. Okay, that's not over. However, now I have only the kitchen door as an exit. Of course, I am on the first floor and can go out the front windows easily enough. What I want to know: is the apartment now in violation of the building and fire codes? My friend who is a landlord in this neighborhood says yes and also says I probably don't have to pay rent until the lock is removed. I have cleared the landing of the ruined plants and have cleared access to the locked door. Is this apartment in violation and is my friend correct about the rent?
diva
 
Posts: 13
Joined: Mon Dec 01, 2003 2:01 am
Location: Queens

Re: Blocking exits

Postby Anna » Mon Jul 26, 2004 6:34 pm

If apts in frame bldgs require two means of EGRESS, you'll find that rule in the MDL, the Fire Code or the Buildong Code, or all three. MDL is here on TN. Building Code is on nyc.gov/buildings.

I'd suggest you walk over to your firehouse and talk to them, then request a fire inspection.

Changing EGRESS for the building requires both a permit from DOB and a new Certificate of Occupancy. It may for one apt, too.
Blocking the front door years ago might be as big a violation as blocking the second kitchen door more recently. Call 311.

If you live in a unit/bldg with no CofO or an invalid one, you might not owe rent, MDL 301 et al. Get a copy of yours from DOB. Search for that in HC decisions, gather info, then consult with an atty or tenant clinic.
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan

Re: Blocking exits

Postby diva » Thu Jul 29, 2004 8:16 am

Anna, I am deeply grateful for your information. I wish that things did not have to devolve to this stupidity between my LL and myself. But there it is. I have to deal with it. I am hoping that this info will give me leverage to stop my LL from further harassment. I don't mind giving him the rent; but he has done so much to me in the past 5 years that now that I am feeling better, I want to respond in such a way that he will stop. Thanks again. I think I now have what I need. I am greatly appreciative.
diva
 
Posts: 13
Joined: Mon Dec 01, 2003 2:01 am
Location: Queens


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