Major construction overhead

[QueenTut]

My LL is doing a reno upstairs including construction of a steel patio. He informed in writing that he will demo my deck (I have exclusive use) and need to bring in the steel beams THROUGH my apartment for the upstairs patio. No word on whether my deck will be reconstructed. Major inconvenience, but is this a reduction in services? What can I do? The noise is unbearable and his offer of a hotel was only for the demolition phase (and the monetary amount was a joke).

[TenantNet]

First you need to see if what he's doing is actually legal. The Department of Buildings will need to have issued permits. Some projects may be illegal for the zoning.

Assuming it's being done legally, then you have issues of how it impacts your apartment. Noise and dust are on thing (and they are supposed to have a Tenant Protection Plan) ... but running supports through your apartment - if I read that correctly - may not be allowed by your lease. And the demolition of your patio (balcony?) is certainly a reduction in services. If you are unregulated, then that would likely violate your lease. If regulated, he would need permission of DHCR and would likely result in a rent reduction.

[QueenTut]

There are DOB permits up; I'm assuming everything he's doing is legal. The steel beams are merely going to be carried through my apartment for the patio upstairs, not affecting the apartment structurally. I have to be home to let the workers carry the beams through and to protect my pets from getting out, and deal with 5-7 days of construction, sandblasting, noise, etc.

My deck will be demolished. I know the LL is willing to let me out of the lease but I love the apt. and can't afford to move.

Thanks for your help!

[TenantNet]

What do you mean "carried through" your apartment? Do the beams have no other way of getting upstairs? And what are the beams for? Is this a building with balconies, or when you say patio, do you mean something else? What will the beams hold up? This is not clear at all.

Why do they need to demolish your patio? Will the patio upstairs be using the space now occupied by the upstairs patio? No clear.

Being legal? A large percentage of construction in this town is NOT legal, even if they have DOB permits.

[QueenTut]

The deck is demolished, the LL's response to my written request for an abatement (either that or to replace the deck) was a voice mail stating that since he hasn't raised the rent for the past couple of years, "we're even."

Now the contractor has decided he has free reign to enter my exclusive garden space any time he wants without notice, move my belongings around, and destroy my flower beds. I have filed a complaint with 311. Is this considered trespassing since he did not notify me?

[TenantNet]

I would think so. But if you feel the only way to stop this nonsense is to play hardball, then I would speak with a lawyer and consider calling the police or otherwise preventing the work. A lawyer can tell you what you are legally able to do. Why did you allow him to demolish your deck? You need to stop this before it happens, not after. As for the construction itself, I'd speak to an architect or engineer. Even if there are DOB permits, that does not mean the construction conforms to code. I can't tell you the times I've found errors in approved permits. DOB is notorious for not looking at plans. Most DOB applications fall under "Directive 14" which allows architects to "self certify" that they comply with the code.