Legal Question in Personal Injury in New York

Inhalation Exposure to illegal substance

Have recently become aware that strange smells and smoke coming into my apt over the past several months are from ''crack'' being used by landlord who lives right above me in an older mother-daughter sort of house. I believe that the exposure has been making me sicker than I already am from an autoimmune disorder but I really can't afford to move at the moment and need to know if there is any other recourse available.


Asked on 9/30/08, 10:29 am

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Inhalation Exposure to illegal substance

Overall, your best bet ay simply be to report him... other than that, i cant really think of much else.

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Answered on 9/30/08, 5:31 pm

Re: Inhalation Exposure to illegal substance

This sounds like a possible constructive eviction case, one for the landlord and tenant court. If one's apartment is being rendered uninhabitable by a certain condition (e.g. rats, toxic fumes, etc.) you may be able to stop paying rent on this basis. This is not to mention the illegal activity of which you write. Perhaps a first step would be to call the local police when you next smell the odor. Good luck. Best, M.E. Zuller

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Answered on 10/01/08, 3:09 pm


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