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Re: The Smell of Death

Posted by TennantNet on May 19, 1996 at 23:20:52:

In Reply to: The Smell of Death posted by Darrow Zeidenstein on May 19, 1996 at 13:49:55:

: My wife and I live in an unregulated rent apartment on
: on the third floor on Ave. A, between 5th and 6th streets.

Your regulated status has nno bearing on this issue. It falls
(among other things) under the Warrannty of Habitability
(Real Property Law section 235-b).

: The management company leases out a small space on the
: ground floor to "Falafel Damashq". This space does not
: have a ventilation system. The leasees have a fan above
: the door to force the morbid air of frying falafel outside.

Yhis may be a health hazard -- call the NYC Dept. of Health.
Also it probably is a Building Code violation --
call the NYC Dept. of Buildings.

: The putrid air rises and soon enters our apartment, making
: life in our space a nightmare, especially at night. We
: spoke to the leasees and the management company reps, but
: they are stonewalling us.

Suprised? Don't know about food odors, but boiler chimneys
must rise at least to 3 feet above the building and higher if
there are adjoining buildings nearby.

: We spoke to the city environmental
: agency, which suggested we write to the management rep.
: telling them we want something done.

Of course they will tell you that -- they're probably holdover
patronage bureaucrats. It's their job (or that of another city agency)

: The basic issue is this: the management company claims they
: cannot put in a ventilation system because of the architecture
: of the building. They will not put such a system with ducts
: running along the outside/front of the building for
: aesthetic reasons.

I hate to say it, but there's not a whole lot of aesthetics in that neighborhood.
Aside from that though, they can put ventilation on the rear of the building. It's
done all over town. If they're not prepared to follow the law,
should they be renting out to commercial customers like that?

: We really do not want to put anyone out of business, but
: something has to be done. Suggestions? Tactics?

You may have to get political. Unfortunately you live in an area
where Antonio Pagan is on City Council and he loves landlords.
Try you state senator or assemblyman (should be Shel Silver --
unfortunately Silver is also no friend of tenants).

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