Legal Question in Real Estate Law in New York
Is a public benefit organization legally responsible for replacing a dryer vent, that was installed while the organization was funding and supervising the construction of the house? Basically, the organization supervised and funded the construction of lower income houses. This gave the opportunity for certain classes of people to have the opportunity to own their own home. After living there for over 10 years, the owner discovered that the dryer vent is not compatible with her newly purchased dryer because the vent is made of foil and the dryer may vent into the attic instead of the building's exterior. Additionally, it may be possible that the old dryer should not have been installed either, if it did not meet the compatibility. She is currently the home owner. Does the organization have to pay to replace the vent with one that's suitable to her new dryer purchase? Thanks!
2 Answers from Attorneys
Not likely. The work was done more than ten years ago and the statute of limitations is long gone. Also, much depends on whether the sponsor is a public benefit corporation, e.g., NYCHA, or a private enterprise (Phipps Houses, Common Ground Community).
I agree basically with Kevin. However, if the original installation was not in accordance with the then construction codes (not current ones which may have been changed over time), there may be current responsibility.
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