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No cable TV in building???

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No cable TV in building???

Postby lootcorp » Tue Sep 17, 2002 10:14 am

GRRRRRR....

I recently moved into a fairly nice apartment in Astoria. Everything was going fine until I called Time Warner for cable TV installation. They told me the building was not lit for service. When I asked my landlord about this, he replied, "I don't have cable in this building, the question was asked and answered when you took the apartment. [LIE!!] Im trying to get one cable co. to hook up in accord to my specification. I have touch base with RCN who told me that they would get back to me. "NOTE" the roof is rented to AT&T."

I am aware of the statute stating a LL may not prohibit cable TV installation. Time Warner is attempting to proceed, sending out a tech to evaluate the premises. Has anyone had any experience with something like this? (I saw someone in a similar boat a few posts down, but that dealt w/ Cablevision and not TW) - I've never heard of an apartment with no cable TV at all.

I'm not interested in RCN - I want TW. I also require access to the financial networks and high speed internet for my job. When I mentioned this to the landlord, he wrote back "I use DSL" - DSL is totally unacceptable and does not address the issue of the TV channels I require. I also don't know why the LL mentioned the roof is rented - does he expect me to try and mount a dish or something?

I am so pissed - if I have to stay a year in an apartment with no cable I will kill myself. Please, someone tell me they had a similar situation and TW was able to muscle their way into the building!! My sanity depends on it!!!

Thanks much!
lootcorp
 
Posts: 1
Joined: Tue Sep 17, 2002 1:01 am
Location: Astoria, NY

Re: No cable TV in building???

Postby rentguy » Wed Sep 18, 2002 5:53 pm

Unless it is specifically described in your lease, you don't have much of a case here. There are no NYC rental laws that require cable TV service and there are many neighborhoods - especially in the outer boroughs - where buildings are not wired for cable.

Could you as your landlord about allowing you a small dish on the roof, such as a Direct TV type service?
rentguy
 
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Location: Manhattan

Re: No cable TV in building???

Postby consigliere » Thu Sep 19, 2002 2:58 am

You can complain to the New York State Public Service Commission (PSC) about your landlord's refusal to allow Time Warner to install cable television in the building. Time Warner can also file a complaint with the PSC against the landlord.
 
Public Service Law §228 provides:
 
Landlord-tenant relationship.
 
1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require:
 
(1) that the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the premises, and the convenience and wellbeing of other tenants;
 
(2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and
 
(3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities.
 
(b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefor in excess of any amount which the commission shall, by regulation, determine to be reasonable; or
 
(c) discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not.
 
2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section.
 
3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment.
 
consigliere
 
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