Living Through Renovations
Hi all — I live in a 2 unit brownstone. Our landlord has decided he wants to convert the units to condos and has to do a good deal of renovation in order to do so. He expects us to stay in the home while this renovation is being performed. I am trying to figure…
Hi all — I live in a 2 unit brownstone. Our landlord has decided he wants to convert the units to condos and has to do a good deal of renovation in order to do so. He expects us to stay in the home while this renovation is being performed. I am trying to figure out what our options are and am having a tough time finding information (perhaps there isn’t any). Is there any legal guidance that you can recommend re: whether he can perform these renovations while we’re living there? I imagine they’ll take a few months.
We’d be amenable to getting out of our lease early, but I think he’ll say no to that — he clearly wants to earn rent while doing the renovations because he’s trying to get our housemates to extend their lease through the end of next year, which is when he thinks the conversions will come through. I can’t imagine living through 3-4 months of renovations at the rent we’re paying (you don’t even want to know).
Any thoughts you have would be most appreciated!
1) Conversion of a rental apartment building to a cooperative or condominium is a complex process governed by NYS law, involving the Attorney General. An apartment cannot be converted simply on the basis of owner whim or pronouncement.
2) Read your lease. REBNY and Blumberg leases read differently. Blumberg leases have sections that read something like this:
SPACE “AS IS”
Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apartment “as is.”
QUIET ENJOYMENT AND HABITABILITY
Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceably and quietly have, hold and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, life or safety.
3) You can get plenty of advice on this Forum, but the only advice you should rely on should be obtained by you, in person, from:
—South Brooklyn Legal Services: http://bit.ly/a4J8bH
—Brooklyn Housing Court Help Desk: http://bit.ly/d9g5MZ
—Or a knowledgeable and experienced attorney of your choice
Hi all, sorry this sounds confusing.
Our lease extends through the end of May. He is proposing to start this work in January. We have ZERO desire to stay, but he seems to think living through whatever this work is won’t be an issue because he says it will all be “covered” at night.
Thanks for the info on habitability, that may be what we need to get him to either let us out of our lease or postpone the work til we are out. I think the problem is that he wants to get full rent out of the apartment until he sells the units, so he doesn’t want them vacant at all. Hence, his unwillingness to let us out of the lease. He’s super-aggressive, so it’s not a very comfortable situation.
Thank you again!
Why in the world would you stay there anyway? So you can live through months of reno and then move out when he’s done and sells the place?
None of this makes any sense.
New York State Real Property Law s. 235-b
The Warranty of Habitability
1) In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
2) Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
3) In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony; and (b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant’s premises, provided, however, that the landlord or lesser has made a good faith attempt, where practicable, to cure the breach. (c) where the premises is subject to regulation pursuant to the local emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen hundred sixty-nine or the city rent and rehabilitation law, reduce the amount awarded hereunder by the total amount of any rent reduction ordered by the state division of housing and community renewal pursuant to such laws or act, awarded to the tenant, from the effective date of such rent reduction order, that relates to one or more matters for which relief is awarded hereunder.
can’t point to specific laws and guidelines but no court is going to expect you to live through a gut reno unless ll’s going to move you to another unit.
this LL is funny!!! google Warranty of Habitability in NY – this wouldn’t even be legal.
I feel like there is mis-communication going on. Either between you and the landlord or maybe I’m not understanding you.
But if he is talking about renovating in your unit…well that is impossible.
Are you sure he’s not talking about the hallways, stairways etc of the building?
If it is actually your apartment he is talking about then you need to move or not let it start. I’d rather live in a car than live where they are doing demo, drywall, floor sanding etc. It’s literally impossible.
I can’t imagine this will end up good. You’re paying rent and getting the short end of the stick. The noise and dirt will make you angry. Talk to him about it and shop around for a new apartment.
Thanks, that’s what I was figuring too. So, does anyone know if I have any recourse to get out of my lease or make him postpone the work until we are out of the unit?
KT…from what you describe, it’ll likely be a colossal mess. Who’s to say the contractor is any good and there won’t be delays, etc.
have you ever lived through anything like this??
Right now I’m doing some ceiling plaster patching in my bedroom and it’s disruptive.
reconfiguring a unit, tearing out walls and tearing out all of the woodwork is about as messy and dust-raising as it gets….your clothes and all your possessions will be either a mess or wrapped in plastic for weeks.