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Are the rooms in my Apartment according to Code?

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Are the rooms in my Apartment according to Code?

Postby BudMay » Tue Aug 16, 2016 1:31 pm

Three people moved into an apartment that one guy saw, the other two were out of town. A lease was signed by all three. After moving in, we realized one "bedroom" has no ventilation other than a small window that opens to the unlighted hallway leading to another bedroom.
Also, The living room has no window. The living room does have an air conditioner that was working when we moved in 3 weeks ago, it no longer works and the Landlord says its our problem because he doesn't have to supply an air conditioner.
The RE agent and the landlord are now telling us they told us it was a two bedroom apt, because the one with no ventilation is not a "bedroom". One bedroom faces the street with 2 windows and one small bedroom with a window faces a wall about 10+ feet from the building. The building is a walk up built, I think, around 1910.
We never received a signed lease from the landlord. We want out of this apartment but need our prepaid rent (2 months) and security(1 month) to get another apartment.
Questions: Is the LR up to code without a window, if not, the apartment would be a one bedroom; would that be misrepresentation and a viable reason to move out?
Does the Landlord need to fix the AC for "ventilation" purposes?
Can we give notice to leave since we never received an executed lease from the landlord?
BudMay
 
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Re: Are the rooms in my Apartment according to Code?

Postby TenantNet » Tue Aug 16, 2016 2:22 pm

The rooms might be not within code depending on when the building was constructed. There are details in the Housing Maintenance Code and Multiple Dwelling Law (both on this site).

You can call 311 to get a DOB inspector (you may need to call repeatedly).

Perhaps you should have seen the place before signing the lease.

You can move whenever you wish, but getting your money back is something else, and the LL might come after you for the rent for the rest of the lease.
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Re: Are the rooms in my Apartment according to Code?

Postby BudMay » Tue Aug 16, 2016 3:37 pm

The building was built about 1910, but the changes were much later, probably late 90's or so.
When you view an apartment you don't look for location of windows, heaters, etc. You assume that an apartment is up to code, especially if a real estate agent is showing it to you. The apt. Was crowded with loft beds, windows were covered, etc. The real estate agent pressured us saying it was the "Last 3 bedroom for this price". We assumed the real estate agent was working on our behalf.
We checked the Multiple dwelling law and it says the LR needs a window, bedroom too, which NOW the RE agent is saying is not a bedroom.
I want to know if the LR for a building built around 1910, (but the apartments have been altered since then), needs a window. If it does we have only a one bedroom. Can we then go back to the landlord for a reduced rent?
BudMay
 
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Re: Are the rooms in my Apartment according to Code?

Postby TenantNet » Tue Aug 16, 2016 3:52 pm

Get a DOB violation - call 311.

You can go to the LL, but he might not agree.
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Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

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Re: Are the rooms in my Apartment according to Code?

Postby BudMay » Wed Aug 17, 2016 2:01 pm

Thank you for the information.
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Joined: Tue Aug 16, 2016 11:08 am


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