Legal Question in Landlord & Tenant Law in New York

According to Local Law 11, the facade of our building must be inspected and then maintained, if needed. My husband and I have lived here for almost 5 years and every year, my husband asks if any terrace apartments have opened up for rent. In June 2013, one finally did open up, we moved into it paying more than $500 more per month for terrace access. In September 2013, construction workers moved into our terrace with scaffolding, and we've been unable (and in fact, restricted) to use the terrace. We were given no notice that this work would be taking place and they have not told us how long it will still take. In fact, they tried to raise our rent in June of 2014 by an additional $100, but after pleas by my husband, they reduced it to only an additional $25 per month. I am 5 months pregnant and he works nights, needless to say, after a year our patience is thin and we are frustrated. Are there any legal options available for us because of a lack of prior alert that this work would be taking place or an inability to notify us of a finishing date. When we've asked, they've only stated that it will be finished when it's finished but from my research, according to the Local Law 11, it seems that a finish date for maintenance should be filed.


Asked on 8/29/14, 1:29 pm

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

I'd have to examine your lease, but this may be an "actual partial eviction." In such a case, the landlord forfeits all of the rent. Not just $25 off. 100% of the rent goes away. Feel free to contact me to explore your options.

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Answered on 9/03/14, 6:48 am


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