Hello, All.
I'm seeking a recommendation for an attorney and advice from those who've had experience with this kind of situation:
In June 2009 a new ground floor tenant, a restaurant, erected their exhaust duct up the air and light shaft bordering two rooms in our (and others) apartment. Up to this point I've been in dialogue with the my LL, the restaurant owner and architect, DEP, DOB, the Community Board, City Council, Mayor's Office, a tenants rights organization – through phone conversations, meetings, emails and letters…
This kind of installation or alteration affecting light and air is not allowed according to NYC's Construction Codes and the Multiple Dwelling Law. See language below.
THE NEW YORK CITY MECHANICAL CODE – Chapter 6 – Section MC 607 – Ducts and Air Transfer Openings
607.5.5.2 Limitations. Shafts that constitute air ducts or that enclose air ducts used for the movement of environmental air shall not enclose:
1. Exhaust ducts used for the removal of smoke and grease-laden vapors from cooking equipment;
NEW YORK STATE MULTIPLE DWELLING LAW ARTICLE 7 – TENEMENTS – Section 213 – Lighting and Ventilation of Rooms
§ 213. Lighting and ventilation of rooms.
1. No tenement, its lot or any room, public hall or stairs therein shall be so altered as to have its light or ventilation diminished in any way not approved by the department.
Unfortunately, after a year and a half of trying to find a remedy, the DOB has granted the LL a permit to seal the shaft windows and convert the bedrooms to “closets. The windows have indeed been sealed from inside the shaft. But the tenants in three of the four apartments on the shaft have denied access to construction workers, who would like to finish the job by removing the window frames inside the apartments to create a proper wall.
With all that I know about this case—from my personal notes, speaking with DOB personnel in several departments, and from obtaining documents through the Freedom Of Information Law, it’s clear that fraudulent information was provided to the DOB in order to get approval for the permit to seal the shaft windows. The restaurant’s architect claims the shaft is 17 square feet, not 20 sq. ft. as legally required by MDL 213(5), and therefore doesn’t qualify as a shaft used for “legal light and ventilation.” I do know for certain, as is shown by DOB’s own records, and my tape measure, that our air and light shaft is over 22 sq. ft.
I was informed by the person at DOB who’s title is “Intergovernmental and Community Affairs,” that our LL worked closely with her commercial tenant (restaurant) in order to achieve this outcome.
There are so many other points I could make in connection with all that’s wrong here but this posting is long already. I thought it necessary to give enough background to avoid receiving the kind of obvious advice one might give to some one new to navigating the City’s tangled web of codes and regulations…I’ve been there and back several times.
Thanks for your ideas or recommendations.