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…
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.
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.
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.
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.
“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?!?!
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.
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.
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*
Yes, the one station can just be bypassed.
@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/