If the owner or management of a building complex does not fix boiler problems that disturb our everyday living what can I do next?
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If the owner or management of a building complex does not fix boiler problems that disturb our everyday living what can I do next?
Last year the building installed a new boiler. This new boiler is creating noise. The noise is so loud that it vibrates my whole apartment floor. City hall got involve, but did nothing. They did not fine them nor helped at all! We asked to be moved to a different apartment many times and they shut us down saying “it is not a reason to move you” and ” you have to live like that.” Recently their was an apartment available requested to be moved but once again said no and put us on a waiting list instead.
Asked on March 4, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the situation is so severe as to effectively impair habitability--that is, it tends to make the apartment effectively unfit for use as a residence--that may provide grounds to do one or more of the following: 1) terminate the lease without penalty (usually only in the most severe cases); 2) seek a court order forcing the landlord to repair or correct the situation; and/or 3) obtain monetary compensation for the time you've been living with the situation. (The theory is that the condition violates the "implied warranty of habitability," or the requirement imposed by law that all rental premises be fit for their intended purpose.) Whether the sitaution is bad enough to give rise to one or more of these remedies is very fact-specific, and varies case by case; you should consult with experienced landlord-tenant counsel, who can evaluate the situation, your rights, and remedies. Good luck.
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