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Odor in apartment for months

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Odor in apartment for months

Postby cjblack » Thu Jul 11, 2002 10:22 pm

We've had a horrible odor in our NYC (Manhattan) apartment since May (going on 3 months). It smells like a dead animal, but it isn't going away. It was really bad at first, now it's reduced, but it's still there. The landlord sent an exterminator but the smell is still with us. The landlord doesn't know what else to do, and neither do we. Can we force the landlord to send an odor specialist of some kind to fumigate or otherwise investigate? Is there a law that forces landlords to get rid of bad odors in an apartment in a multi-dwelling building? Please respond if you know. Thanks.
cjblack
 
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Re: Odor in apartment for months

Postby Brooklyn Babe » Sat Jul 13, 2002 11:38 pm

$50.00 says an animal has died either in a wall or a floorboard. Not sure if it is a Enviro. Control Board or HPD issue, but either way your LL has to remove the odor (nuisance). The issue falls under "Warranty of Habibility" and many cases have been won over "noxious odors".
File a complaint with ECB and HPD.
Call a couple pest control companies, tell them your situation and ask them about the procedure, cost etc... get an estimate.
Write a letter to LL (mail w/ cert. of mailing, keep copy) outlining that the odor still exists, thus making it hard to enjoy/stay in the apt. and that you suspect it may be a dead animal etc..Let him know that you have spoken to several pest control companies and ask him to arrange to clear up the odor immediately.
If 30 days pass and no results, then you have a couple choices:
-File HP Action
-Have the work completed yourself, and deduct from rent (there are risks with that, so search the forum archive on "rent withhold")
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
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