If we have no window or vent in our kitchen or bathroom is this legal?

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If we have no window or vent in our kitchen or bathroom is this legal?

We live in an 800 sq ft apartment and we have 2 windows; 1 in the bedroom and 1 in the living room. Whenever I cook anything the smell lingers for weeks since there is no ventilation in our kitchen. Also, the kitchen is an alcove. The bathroom is pretty tiny and when we moved in they told us the vent was broken and it would be fixed. When I asked the super he said it was broken for the entire building and it could not be fixed. It gets moldy very quickly and I am worried about breathing in mold. It is ruining cabinets we installed. Can I force my landlord to provide some ventilation, etc?

Asked on December 14, 2011 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to realize that many kitchens and bathrooms do not have windows, especially in larger apartment buildings in larger cities. These buildings building and safety code requirements are different than in newer buildings so you need to first check with two entities before you begin pushing your landlord for changes or considering this to be uninhabitable such that you can move earlier than your lease allows. You need to check with the local building and safety department and have an inspector come to the building and check the occupancy certificate and codes with what the inspector sees and inspects in your apartment. You also need to check with your local consumer protection agency that handles landlord tenant matters.


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