Landlord Woes...

awesometown · March 2007

I'm sure you folks get this type of question all the time... But I am trying to determine if its time to start placing the rent in escrow or do worse.

I live in park slope in a very cheap apartment, in a building that is a little worse for the wear and many of the tenants have been here for 10+ years. One reason we get away with dirt cheap rent is our lazy, lazy landlord. The building has never seen any improvements or renovations in the last 15 years or so I've been told by more senior tenants. While I wouldn't really describe the landlord as a slumlord or dishonest, just reluctant to do anything. I'm not sure how much malice is involved in his inaction.

But when there are serious problems with our apartment like we have now, it puts me in an unfortunate situation.

Amongst other problems our upstairs neighbor has a washing machine(s) set up in the back bedroom of their apartment. This is right above where I sleep and work and creates a lot of noise. What's worse is it constantly creates large stains on the ceiling and wall. EVEN WORSE it has repeatedly leaked into my bedroom causing me to basically abandon one corner of the room.

Now the landlord is fully aware of the problem and has replaced this part of ceiling multiple times but refuses to make them remove the machine. Even though he has heard it on and recognizes it is illegal he says its too much of a hassle to deal with. When I insisted he take whatever action possible to remove it he told me he was going to raise my rent.

So what should I do? I have tried everything up to the point of putting the rent in escrow or taking him to court.

Thanks for your help.

gradoniv · March 2007

Is it a rent stabilized apt?

awesometown · March 2007

My apartment or the neighbors? Mine is not specified as one, no. Does that somehow change what I am entitled to as a tenant?

gradoniv · March 2007

I'm not sure where your rights are here, it doesn't sound right that your landlord can threaten to raise your rent to cover something they are legally responsible for. I'd try posting this question on tenant.net - you'll get a lot of useful advice there. You could also try asking legal aid about it.

According to the Tennant's Gights Guide

HARASSMENT

A landlord may not take any action to unlawfully force a rent regulated tenants to vacate their apartments or to give up any rights they have under the rent laws. Landlords found guilty of harassment are subject to fines of up to $5,000 for each violation. Tenants may contact DHCR if they believe they are the victims of harassment. Under certain circumstances, harassment can constitute a class E felony. (Penal Law Article 241)

LANDLORDS' DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) Â§78 and Â§80; Multiple Residence Law (MRL) Â§174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)

This may be useful:
http://www.tenant.net/nyc.html
http://www.housingnyc.com/html/resources/attygenguide.html
http://www.housingnyc.com/html/resources/resources.html

gradoniv · March 2007

You would have different rights in a stabilized apt - your landlord could threaten as much as he wants to raise your rent, but he would have no control over it. You have a lot more power in a rent stabilized place.

awesometown · March 2007

Thanks, I didn't even think of it in a positive way. Again, I believe its not a rent stabilized apartment so I won't have that much backing me up.

idlewild · March 2007

If there are six or more units in your building it's most likely a rent stabilized. I'm not sure he can do any thing about the washing machine. I'm not even sure it's illegal unless it has the wrong type of plumbing or the landlord specifically said in your neighbor's lease that he/she wasn't allowed to have one. He does have to make sure it doesn't leak though.

stacey · March 2007

Subject: Re: Landlord Woes...

awesometown wrote:
Amongst other problems our upstairs neighbor has a washing machine(s) set up in the back bedroom of their apartment. This is right above where I sleep and work and creates a lot of noise. What's worse is it constantly creates large stains on the ceiling and wall. EVEN WORSE it has repeatedly leaked into my bedroom causing me to basically abandon one corner of the room.

I would assume that this water would eventually cause mold - which can be dangerous for you and especially the seniors who live in the building. I think you should bring this up to the landlord and let him know that this is not just a maintenance problem but a health problem. Also it might help to inform the other tenants and let them know about it and confront him as a group. If you are on a lease I dont think he can raise you rent mid-term in a lease.

jimmylegs · March 2007

what's wrong with the upstairs neighbors that they allow their washer to spill water all over the place? home depot sells a tray that a washing machine can sit in so if it overflows or leaks it will be contained, maybe they should get one.

my old LL was like this, ignoring things that over time will because very serious problems. maybe he will do soemthing when the joists rot so much that the washer comes through the ceiling?

friendlypitbull · March 2007

The LL can't do anything about the Washing Machine - even if it says no such machines in the lease. In NYC the courts have ruled that unless the LL acts to remove the machine in a few months of it being installed, the clause banning the machine is void.
Why dont you confront your neighbor - seems like they are as much of the problem as the LL

stacey · March 2007

friendlypitbull wrote: The LL can't do anything about the Washing Machine - even if it says no such machines in the lease. In NYC the courts have ruled that unless the LL acts to remove the machine in a few months of it being installed, the clause banning the machine is void.
Why dont you confront your neighbor - seems like they are as much of the problem as the LL

Yes in certain instances but each case is taken on its merits and I think since this machine is causing a dangerous condition the court can order the tenant directly to remove the machine.

But I do agree that you should confront the neighbor - also maybe purchase the piece that jimmylegs mentioned and provide the receipt to your landlord along with the rent (less the money you paid for the part).

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