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September 14, 2009
Intercom Problem/Safety
About 3 months ago landlord changed all 11 intercomes in my bldg but the 12th tenant is refusing to allow electrician to do so. Now I'm stuck for 3 months without intercom [missed packages, deliveries etc almost daily] as every apt on this tenent's line does not work. Tenent sometimes have to leave lobby door open for deliveries etc and of course this is not safe but there is no other way. Landlord cannot get this tenant apt it seems as the tenant is intentianally refusing to let electr. install a new buzzer thinking that the rent would increase [my and other tenant opinion].
Anyone have idea what to do in this situation? It is extremely inconvenient situation as I get almost daily some kind of delivery [UPS, USPS, Supermarket etc]..it's now more than 3 months of this hassle
Park Slope area.
Thx.
Comments
Doesn't make sense. The intercom can be made to work independent of this asshole.
Posted by: modsquad at September 13, 2009 10:06 AM
Not if the apartments share the same line. If one apartment isn't connected, other apartments above it will also lose connection. Besides, according to NYC housing law, the tenant must let workers inside to perform building wide MCI's like this one.
If I were the landlord, I'd talk to my attorney about starting eviction proceeding against the uncooperative tenant. Unfortunately, as a tenant, you can't do much except complain to the landlord or call 311 and report the problem.
New York City would be a million times better off if rent stabilization and rent control were abolished and all the lowlifes like this jerk were sent packing back to Allentown PA or some other dirt cheap city.
Posted by: IronBalls at September 13, 2009 10:12 PM
Ironballs is right, the landlord has the right to enter the apartment to make improvements (as well as for emergencies).
Your landlord should just man up and go in and fix the bells, it shouldn't take more than an hour or so in the apartment,
Posted by: christopher at September 13, 2009 10:33 PM
Speak to the tenant in a casual way and find out why that person won't allow the work.
Posted by: Ysabelle at September 13, 2009 11:34 PM
Sorry ironballs, but only a fool would attempt to wire an intercom system that was dependent on going through peoples apartments especially in NYC given the difficulties of gaining access, as you say. The systems I've installed or worked on all had the main wiring in the public spaces with the individual apartment wiring branching off that. When some asshole abuses the system it was easier to simply cut the wires to the jerk's apartment.
Posted by: modsquad at September 14, 2009 8:34 AM
It would be relatively easy to change the set-up. If that tenant won't comply just cut him out of the loop.
Posted by: Arkady at September 14, 2009 9:14 AM
Yeah, aprantly people living in this apt are constantly fighting landlords etc; the new owner of this brownstone blg [sold one year ago to him] was attempting to improve bldg by fixing certain older areas etc but all the tenants I talked to say that she thinks that the new owner is trying to raise the rent [he also fixed the roof, outside bldg walls]...I talked to this tenant and she seems to be lying to me by saying that she had a death in family [its now over 3 months!]...Oy, I did not know intercome could be this important, especially I get deliveries almost daily or family visitor etc...
Unfortunately, all apts share the same line for intercome somehow and because of this person other 3 apts above and below her cannot use the buzzer for over 3.5 months now. I feel like I should get some refund from the landlord for this, even though I'm not a person who looks for those types of things its just that I'm gettings annoyed more and more and its getting to me now...
Posted by: zutisoko at September 14, 2009 9:32 AM
@arkady: You mean the electrician can just do some kind of a bypass or something like that? I wonder if the landlord would agree to this, if possible/
Posted by: zutisoko at September 14, 2009 9:35 AM
Yes, the one station can just be bypassed.
Posted by: Arkady at September 14, 2009 10:45 AM
quote:
"the new owner of this brownstone blg "
holy pooptose! 12 apartments in one brownstone? uh, you're living in an SRO. thus the hassles of riff-raff living.
*rob*
Posted by: Butterfly at September 14, 2009 10:54 AM
What pisses me off to NO END is that this tenant is upset that LL will raise the rent for IMPROVING the building!
Talk about an entitlement problem....our RS/RC laws (which BTW totally allow such increases) have inflicted many tenants with the notion that they should get something for nothing.
the same tenant that objects to rent increases for major improvements are likely the same ones that feel entitled to withhold rent for reduced service.
Posted by: fsrg at September 14, 2009 11:32 AM
landlords have to be as saavy as their rent-regulated tenants about dealing with the system. I would not be suprised if this particular tenant has stopped paying the rent because the buzzer doesn't work. He may want to put off the repair as long as possible so as to continue to live rent-free. Eventually a judge will order him to provide access but he knows it will take months.
An old-time "professional" NYC renter knows all the angles. An eviction proceeding will just make him laugh. The landlord will need to find another way to enforce his right to access the apartment for periodic repair. I have found that council members can put one in touch with various agencies, HPD, HHS, DEP, DOB, NYPD, NYFD, etc, who can help with life safety and hygine issues. There is no quick fix though, and I am convinced that a rent-regulated lease extends human life expectancy by at least ten years.
Posted by: Minard Lafever at September 14, 2009 11:59 AM
"I talked to this tenant and she seems to be lying to me by saying that she had a death in family [its now over 3 months!]..."
Maybe the body is still in the apartment?!?!
Posted by: modsquad at September 14, 2009 1:34 PM
Did I miss the part that says if the building is rf/rc? Or is it ok to presumptively bash tenants just in case they are rs/rc.
In any case the tenant is a grade A A**hole. I'm not an electrician but Arkady does know what she's talking bout. the other thing is that landlords are held responsible by law for building security.
So there are several things- landlords are allowed access to apartments for certain issues like emergencies and repairs. It should be in the lease but it's also law.They must give notice but a landlord cannot be kept out when he needs to make necessary repairs.
If you moved into the apartment and it had a working intercom, that service cannot be discontinued as your rent includes it. If your refrigerator goes bust, the landlord must replace it- it's not an upgrade.
Security and the ability to know who is at the door, to receive deliveries, etc. is all part of your landlord's responsibility for the building. Sounds like he is using the reluctant tenant as an excuse to not finish, but a lawsuit if someone gets attacked when another tenant leaves the door open because the intercom isn't working.
Posted by: bxgrl at September 14, 2009 2:01 PM
The tenant’s lease (whether rent-regulated tenant or not) should contain language granting the landlord and his agents the right to access for necessary repairs in emergencies, conditions that threaten life and safety, and/or at reasonable hours with reasonable notice and with proper identification. Landlords may have grounds for eviction proceedings for breach of lease or for violation of substantial obligations of the lease against tenants who unreasonably deny access. The LL has had plenty of time to provide the necessary notice for access, document the effects of refusal on other tenants and/or take legal action, assuming s/he even knows a LL’s rights under law. See: HMC § 27-2008. Owner's right of access;
28 RCNY § 25-101. Owner’s right of access; and
RSC § 2524.3. Proceedings for eviction--wrongful acts of tenant.
Fsrg and Minard (or is it Sam?): There's absolutely nothing in OP's posts that indicate a rent-regulated apartment. Amusing how you leap at the opportunity for predictable attacks on RC, RS and "professional" tenants. Blowfish and Slopefarm, looking forward to your input re: above and/or comments on the Atlas Shelving thread. Cheers.
Posted by: vinca at September 14, 2009 2:02 PM
BXgrl - it is fair to presume the building is RS - it has over 6 units and is a brownstone (likely built before 1974) further if it werent then the LL could raise the rent based on whatever reason he/she wanted; but in this case the tenants are indicating that they believe that the recalcitrant tenant is holding out to avoid a rent increase - which indicates an MCI increase; which indicates a RS tenant.
Posted by: fsrg at September 14, 2009 3:23 PM
This is absurd. If indeed the intercom wire is running through the tenants apartment, all the wire for a simple intercom system could be replicated in the stairwell to bypass the asshole's place. Much, much cheaper than starting an eviction that ultimately won't occur.
Posted by: modsquad at September 14, 2009 3:34 PM
im still trying to wrap my mind around TWELVE apartments in a single brownstone :-/ im all for compact living, but that just seems strange to me.
*rob*
Posted by: Butterfly at September 14, 2009 4:03 PM
It's lots more work (plus additional expense) to run new individual outside lines to every apartment. My apartment buildings were wired for intercoms probably 20 years ago and they are all interconnected. I'd be hesitant to run new lines as long as the existing ones work due to all the extra work involved in cutting channels in the plaster hallways, repairing the damage, repainting, as well as having to run new wiring to each intercom in every apartment and repairing any interior damage as well. You're talking about a lot of additional work just because one tenant is being a jackass. In historic buildings, you don't want ugly wire moldings either, especially in public hallways, so everything has to be hidden in the walls.
Maybe an Obama style "beer summit" will work.
Posted by: IronBalls at September 14, 2009 8:29 PM
There are systems that dial phone numbers so you don't have to hardwire the apartments. It is great because you can buzz someone in from the backyard or roof.
Posted by: Pstreet at September 14, 2009 9:19 PM
God, these f*cking poor people. If they're not a bunch of riff-raff deserving to be hassled, they're a bunch of jerks who should leave the city and move to somewhere far away, and then, I guess, commute back to serve me coffee in my exclusively fancy-people neighborhood.
They make me sick, living in their cramped quarters out of some twisted desire to live in tiny apartments. Why don't they get bigger apartments? What's wrong with them? And why do they want to stay in this neighborhood they've lived in for decades? It's a nicer neighborhood now, they should get out and let more starbucks patrons in. I mean, what says community and neighborhood more than a bunch of people who just moved here from somewhere else drinking lattes? I know I certainly didn't start rent regulation for any particular reason, and gave landlords no benefits. It was just a whim on the part of the city and I! And god, if we had known it would encourage people to live in apartments, we would never, ever, have done it.
wtf is wrong with you people? you're not usually such assholes.
Let's take a tiny moment to consider than this person isn't just being an asshole for fun. I've lived in some buildings where people were either a) paranoid about everything, b) old and not entirely all there, c) of uncertain language ability, or d) Are sick of being harassed by landlords who are trying to get them out. Any of these things could be part of the reason they won't let the landlord in. And, as noted, the landlord can (maybe it isn't easy, maybe it isn't pretty) do a workaround to wire the intercoms differently if this is such a big deal. So maybe you should all back the hell off.
Posted by: bfarwell at September 14, 2009 11:56 PM
(and yes, if you buy my building and then improve it a bunch and tell me my rent is going up, I'll be pissed. I wasn't asked if I wanted [insert whatever here], it was done and my rent was raised. how is my being pissed difficult to understand??)
Posted by: bfarwell at September 14, 2009 11:59 PM
fsrg- I realy try not to assume anything about anyone. Makes life easier. I also try to avoid dissing entire groups of people for an individual's mistakes. But that's just me.
bfarwell- I hear you and understand how you feel. But on the issue of security for a building, it can't be tolerated for one tenant to basically hold the rest hostage. One tenant did that in my old building- refused to have the intercom fixed. Would always leave the front door open for packages, etc. Of course sh*t happened.
By the way- intercoms would not add to the rent. Landlords are responsible for security so these are not upgrades. If he went to a fancy video intercom from a basic buzzer type, the it could be considered a capital improvement I think- but vinca would know more about that.
Posted by: bxgrl at September 15, 2009 9:55 AM
Go to Civil Court to the Pro Se/Office of the Self-Represented and ask them how you go about obtaining an access order to perform repairs. If the tenant doesn't allow you access, that's pretty much the only way to get in.
Posted by: inkredible at September 15, 2009 5:01 PM
Just re-read and noticed you were a tenant and not the landlord, apologies for my previous post. You can direct the landlord to do that.
As a tenant, you could start an HP case against your landlord for repair in L&T court, but the downsides are 1. it's $45 to initiate the case (unless you receive PA or can prove hardship), and 2. it might not go over well with the landlord lol.
The upside is that it would probably result in access to that tenants' apt being ordered by the judge.
Posted by: inkredible at September 15, 2009 5:09 PM
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