[ad_1]
Q: We rented a market-rate condominium on the second flooring of an older constructing on the Higher East Facet with a vacant retail house under it. (At one level it was a hair salon.) A couple of yr after we moved in, the owner leased the house to a restaurant. When the restaurant cleans on the finish of the day, an overwhelming odor of chemical compounds fills our condominium. The odor lingers for hours and is so unhealthy that we needed to transfer our mattress into the lounge. I complained to my landlord, however they solely mentioned they’d cross the criticism onto the restaurant. I’m afraid that if I complain to 311 my landlord will retaliate. However isn’t this their duty? What are my choices?
A: You’re entitled to reside in an condominium freed from noxious odors, and a restaurant must have correct air flow to make sure that fumes don’t find yourself in your condominium. However getting the owner to repair the issue could possibly be troublesome.
“It’s actually not one thing {that a} tenant ought to must put up with,” mentioned Edward Olmstead, an industrial hygienist. “You shouldn’t must reside in these sorts of situations and abandon a bed room.”
A restaurant should have a functioning exhaust and air flow system to forestall smoke and fumes from touring to different elements of the constructing, Mr. Olmstead mentioned. These are actual well being hazards. The fumes you might be inhaling might exacerbate bronchial asthma or trigger irritation in case you have respiratory sensitivities.
There are methods to compel your landlord to behave, however as a market-rate tenant, they arrive with dangers. You may name 311 and report the state of affairs to the Division of Environmental Safety. You may additionally examine the constructing’s certificates of occupancy with the Division of Buildings to see whether it is even allowed to have a restaurant. On the off probability that the use is unlawful, you might withhold hire.
“The owner can sue for it, however he gained’t get it,” if he’s violating the certificates of occupancy, mentioned Samuel J. Himmelstein, a Manhattan lawyer who represents tenants. “The tenant can reside there hire free.”
Push onerous sufficient, and the owner might select to not renew your lease when the time comes. Though New York State hire regulation prohibits landlords from retaliating in opposition to tenants who make complaints about repairs, the rule doesn’t have a lot enamel. Even should you gained a case, the owner would solely must give you a one-year lease. “That’s what you get out of it, one yr, and also you possibly get your authorized charges paid,” Mr. Himmelstein mentioned. “Is it actually value it to carry onto a market-rate condominium?”
You may also enchantment on to the restaurant. Clarify that the odor is invading your condominium. Ask the house owners to examine if their exhaust air flow is working correctly, and in the event that they’d contemplate switching to much less noxious cleansing provides.
For weekly e mail updates on residential actual property information, join right here.
[ad_2]
Source link
