Legal Question in Landlord & Tenant Law in New York

Illegal Activity

Within the past year or so, drug activities have been occuring.We have made complicate to the supervisor, as well as to the mgmt company but nothing has been done.They installed camera but the super told us that they arent recording and that he was not going to sit in front of camera to see whats happening nor would help we were in danger. We all signed a petition so that Lemle & Wolff can take action, but nothing is happening. I dont feel save and going to my building. I am afraid that something will seriously happen to one of the children, seniors or long time tenant. Theres lots of familes with children and we are fearful of all this recent activites. We have called the 911 on numerous occasions but nothing comes out of it.

My question is what can we do as tenants to make sure that we are safe and that the landlord take appropiations to remove these people from our building?


Asked on 5/08/09, 9:44 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Illegal Activity

There is a law under article 7A under New York Real Property Actions and Procedure Law whereby in New York City the tenants may file a petition with the Court allowing the tenants to pay rent into the Court for the purpose of having a landlord "remedy conditions dangerous to life, health or safety...."

Under NY RPAPL 770(1), "One-third or more of the tenants occupying a dwelling located in the city of New York or the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city, or in the counties of Nassau, Suffolk, Rockland and Westchester may maintain a special proceeding as provided in this article, upon the ground that there exists in such dwellings or in any part thereof a lack of heat or of running water or of light or of electricity or of adequate sewage disposal facilities, or any other condition dangerous to life, health or safety, which has existed for five days, or an infestation by rodents, or any combination of such conditions; or course of conduct by the owner or his agents of harassment, illegal eviction, continued deprivation of services or other acts dangerous to life, health or safety."

Mike.

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Answered on 5/08/09, 3:06 pm


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