Drop-ceiling issue, inputs needed, please!!!

[Strad]

I am a tenant live in a half basement apartment (rent stabilized), at the bottom of a brown stone building. Recently, I, my landlord, to be exact, received a (fire)code violation from the Division of Code Enforcement because of the drop-ceiling inside of my apartment. The violation written as follows: "300 M/D law file plans and application and legalize the following alteration or restore to the legal condition existing prior to the making of said alteration drop ceiling in the entire apartment located in the basement."

I cannot afford to have secondary ceiling removed because there are all kinds of pipes like hot/cold water and valves behind the drop ceiling, and that's why I cannot live under rotten pipes.
My LL said he will remove the drop-ceiling first and then put some kind of more permanent (plaster?) ceiling instead.
What if my LL removes the drop ceiling and then "forgets" about putting back the new ceiling he has promised? Should I have an attorney legally cover while this whole thing is going on? Maybe it is a good idea to have him put the whole thing in writing as agreement between LL and I?

Maybe the LL SHOULD file legalize the alteration ceiling as it said in the explanation of the violation, how much it will cost and how complicate process are my landlord's to concern, yes?

Thanks all!

<small>[ November 19, 2002, 03:46 PM: Message edited by: Strad ]</small>

[Strad]

Well, I did. I called the Code Enforcement because my LL refuses to repair a whole in my apartment. Now I am more than regret because this inspector not only took care the problem but also created another...he wrote the code.
The ceiling is high enough…more than 7 feet.
This half basement was renovated just before I moved in, new floor and ceiling and walls were put up. I was the first tenant moved into this unit in 95. You asked if I am sure the apartment is legal? Well, I have checked out, there was no record for CO number, however, I was told buildings from before 1938 are not required C of O. This building was from 1909.
Also, from my research of LL's DOB history, LL filed a DOB back in Oct 91 says “ 01 C K P/E Partial Aprv.: Change use of cellar residential dwelling to commercial.” Does it sound like my apartment?
Thanks for the reply; your feedbacks are most valuable to me.

[Cranky Tenant]

Originally posted by me again:
this sounds more like a paperwork issue than anything else to me. it sounds like the ll put in this drop ceiling without permits, and must now make it 'legal'. that i know of, drop ceilings per se are not a fire code violation.

A couple of years ago when the City inspected my apartment in response to several complaints I had filed, the inspectors commented that the drop ceiling in my kitchen was illegal. Since the inspectors were only there to respond to the list of complaints I had provided earlier, they overlooked the dropped ceiling and simply stated the LL should repair or replace it Some of the tiles were water damaged and the repaired ceiling had to be an even and matching color. -- he had to use the same tiles and paint them the same color.

If the ceiling is in violation, the LL is required to bring it up to code regardless of cost.

I was also under the impression that a LL must obtain a CO for any major renovations regardless of when the building itself was constructed.

<small>[ November 20, 2002, 02:23 AM: Message edited by: Cranky Tenant ]</small>

[Strad]

Re: Cranky Tenant
What if there is no CO, how can my Landlord file it for legalization if it is an illegal place to begin with?

Re: Me Again: Drop ceiling in dwelling apartment IS a fire code violation, the reason they say is becuase fire will stay between the floor if there is a fire.

[Cranky Tenant]

I'm not a lawyer but it's my understanding that, if the apartment doesn't have a certificate of occupancy, the LL isn't entitled to collect rent.

On the other hand ,if he can't collect rent, it;s probably not legal for residential use so you might want to do some more research before you take this much further.

Commercial spaces have entirely different requirements so what's legal to rent commercially often isn't legal for residential use. There are also additional requirements for basement apartments.

You should check the Multiple Dwelling Law on this site as well as the Department of Buildings

If the Department of Buildings decides it's an illegal conversion they could force the LL to return it to it's orignal state.

If it's just a matter of not having a CO ( I think ) they could tell him to get it up to code before he could apply for a CO.

<small>[ November 20, 2002, 08:54 AM: Message edited by: Cranky Tenant ]</small>

[Strad]

Thank you guys for giving me the tremendous help. My LL is going to comply and bring it up to code no matter what. He has two options as I mention the before "file plans and application and legalize the following alteration or remove the ceiling." Since it's his violation, I can't tell him to choice which one, however, I am assuming he's going to pick the second option because...it is less paper works and the money. Like Me Again asked, "What leaves for me"? Well, two weeks of eating dust, not be able to work at home, sleep and eat the same place, I asked my LL to reduce one-month rent, so far he's been rejecting it profusely. I think I am being reasonable, yes?

[Chimera]

I do not think you are being reasonable to ask for a reduction in rent, simply because the Landlord is bringing your apartment up to code. A rent reduction is especially unwarranted because the inspection was requested by you!

[too trusting]

Originally posted by Chimera:
I do not think you are being reasonable to ask for a reduction in rent, simply because the Landlord is bringing your apartment up to code. A rent reduction is especially unwarranted because the inspection was requested by you!

Why would you say that? Sure he requested the inspection but its not his fault that it failed! And while the LL brings it up to code he has to stay elsewhere because of the noise and all that horrible dust IS an inconvenience and depending on how bad it gets unliveable at times. He didn't ask for no rent to be paid just a reduction, I don't see that as being unreasonable.

[Chimera]

It's only a two week process and he doesn't have to live in another place just because a ceiling is being brought up to code. So, he's a little 'inconvenienced' for a dozen or so days. His landlord has to spend money, he is just going to be a little annoyed. He started the ball rolling here, it is out of line to ask for a rent reduction -- he as the tenant isn't losing a dime.

[too trusting]

I was only thinking that if it was bad enough that he had to stay elsewhere for awhile it would be justified otherwise its a small inconvenience.

Right now I'm living in an apt that didn't have a kitchen because of LL fixing the floor. But he let me move in a week early and didn't charge me for it. Unfortunately I had no kitchen to prepare food for Thanksgiving but hubby and I went out instead. At this point the floor is in but still no counters, sink or stove. I've been told the stove is on order but not when it'll be here. Now I'm feeling inconvenienced. I'm giving him till the end of the week and we'll have a talk. Being without a working kitchen s%cks! But since he did me a favor I'm trying to be as understanding as possible.