Legal Question in Personal Injury in New York

Eviction due to unlivable conditions. Plumbing problems not repaired though repeated requests, part-attempts, and personal expense. Walls developed mold. I was denied access without legal process. What recourse do I have?


Asked on 11/01/09, 3:52 am

1 Answer from Attorneys

David Simon Hogan & Rossi

I'm not entirely clear on the facts, so I'll try to cover all bases.

You may have a constructive eviction if living conditions just became so unbearable that you had to leave for your own safety. In that case, you can bring an action or proceeding to compel the landlord to make the necessary repairs. In NYC, there is a specific part in the Housing Court that handles these types of cases exclusively. They can pull up a list of violations on record with HPD and order the landlord to correct them. You can also seek assistance at the courthouse if you can't afford an attorney.

If some governmental agency issued a legal notice deeming the premises unsafe for habitation, then it takes on a different set of circumstances altogether. In that case, you would sue the landlord for breach of the lease as well as for breach of the implied warranty of habitability and for constructive eviction.

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Answered on 11/07/09, 3:16 am


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