Legal Question in Landlord & Tenant Law in New York

I recently moved into a Co-op apartment and have gotten ill sinc moving in. I am an asthmatic and a tenant on the floor below me is smoking marijuana and possibly other drugs in which the fumes are travelling into my apt which has exacerbated my medical condition. I have contacted management, 311, and 911 regarding this issue. I have been told by numerous parties especially the mangement company that a tenant is allowed to do whatever they choose within the privacy of their own apt.

I have gone to the doctor and he has advised me that I should vacate the apt if this continues. The buildign requires all tenants to pay a "refurbishment" fee and pay up to 3 months of the maintenance fee until a new tenant accepts and moves in the apt. Am I responsible to pay the fees to vacate my co-op apartment if I need to move due to a medical condition being aggravated by the actions and behaviors of another tenant?


Asked on 9/15/11, 11:17 am

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

It may be deemed a constructive eviction even if the tenant that is smoking is beyond the landlord's control (see, Upper East Lease Associates, LLC v. Cannon, 30 Misc.3d 1213(A) [2011] and Poyck v. Bryant, 13 Misc.3d 677 [2006]).

If you are constructively evicted from the apartment, you should not be responsible to pay the fees to vacate.

Mike.

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Answered on 9/15/11, 11:39 am


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