Untouched fire stricken apartment. HELP!

parksloper24 · May 2010

Hey everyone. Just need some renters advice. I rent a 2 bedroom on 7th Ave and 16th st and our apartment building had a fire back in the first weekend of MARCH. While luckily nothing happened to our actual apartment the unit diagonally below ours was totaled by fault of the unit's renter. Nonetheless it was deemed inhabitable but the city and everything was cleaned out. However, our landlord has done nothing with the unit since. The door that the fire department broke down is still in the hallway and the unit is closed off with a padlocked plywood door. The windows are still boarded up and it ALWAYS smells. On particularly rainy or muggy days it reeks of mold and the smell emanates into our apartment. I have called and complained to the landlord though they are still "waiting for insurance money". What can I do in this position.... Can I call 311 on this matter?? We pay a lot of money to live here and absolutely hate living in an apartment building that looks condemned and reeks of smoke, burnt wood, and mold.

booklaw · May 2010

When does your lease expire? It may prove to be much simpler just to move than to try to force your landlord to repair the damage.

Even if your lease has a long time before it expires, you may be entitled to leave, on the grounds that the fire caused the building to be uninhabitable; however, if your landlord sues you for the rent for the remainder of the lease, the suit will become very expensive and very aggravating very quickly.

brooksignal · May 2010

Get a lawyer, it won't be expensive or more aggravating than what you're already dealing with!

xlizellx · May 2010

I would call 311. What's the worst that happens? They say they can't do anything? But mold and the like should be an issue and they will most likely send a housing person to check it out . ...maybe some citations from the city will (puns!) light a fire under your landlord to do something about it.

modsquad · May 2010

I'm willing to bet there has been a snafu in the insurance company's investigation or actually their willingness to pay. Retired firemen are hired by the insurance companies to look for the origins of a fire. They are payed by the insurance companies and of course get more work if they can exonerate them of any liability. If the LL is looking for a second opinion then he needs to keep the status quo.
It could also be a simple matter of the insurance co. dragging their feet in paying to make whole again (can take months) , not to mention quibbling over replacing real skim coat instead of sheetrock.
It is very hard to prove a constructive eviction short of a violation from the Health Dept. showing mold spores floating through the air. You would have to give some medical evidence that says you can no longer live in the space. Not really fair but bad smells don't cut it.

tybur6 · May 2010

Finish the job...

drabrabbit · May 2010

NYC is so renter friendly. Get a lawyer, talk out the options. In this city you are so likely to end up on the right side of the laws.

popstar0 · May 2010

i had a similar situation many years back. i stopped paying rent for several years and i waited for them to sue me. in court, i won all the back rent plus so stop paying rent now. you can represent yourself or consult a few times with an experienced housing court attorney. dont take this garbage. that being said, its not healthy to live in a place like that so you might want to consider leaving. chances are, insurance is behind the lag in repairs but it could be a zillion reasons that its not getting fixed. good luck.

MOD · May 2010

xlizellx wrote: I would call 311. What's the worst that happens? They say they can't do anything? But mold and the like should be an issue and they will most likely send a housing person to check it out . ...maybe some citations from the city will (puns!) light a fire under your landlord to do something about it.

Yeah, light a fire under his ass to not renew your lease. But then again that brings you back to the easiest answer, just move. If you already paying a lot in rent, there's no reason to stay there.

8thandprez · May 2010

7th Ave and 16th St? THat's where we are.... where was there a fire??

easilyfound · June 2010

Probably right above you. You don't smell it?

Untouched fire stricken apartment. HELP!

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