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Posted by TenantNet on January 22, 1997 at 12:30:29:

In Reply to: Do I have rights in an enviromental change? posted by Jonathan Hudson on January 22, 1997 at 10:03:36:

: I was wondering is someone could advise me. I live in a new building in the
: East Village (NYC). I moved in to the second floor the day the contractor left and building opened.
: Until October the retail space below my appartment was vacant. The landlord (and broker
: that got me the place) told me a video rental shop would be going in below.

: Turns out I have a 24 night club/veggie food place below me and not a video rental. Sound barriers between my appartment and the club
: do not exist. I have not been able to sleep a single night since October. The clubs base from thier sound system shakes my floor and vibrates everything
: in my appartment. Lack of sleep is effecting both my personal and professional life not to mention physical problems (run down, catching colds)
: that this forced insomnia haqs been causing me.
: Landlord won't help me. The Club owner and his staff are abusive.
: I signed the standard NYC retal agreement. In it I am banned from creating noise that would disturb other
: tenants. Would a commerial lease be the same way? I cannot afford to move and
: deal with another broker fee (plus I like the building). Do I have any legal rights?

Since the building is new, you aren't stabilized and don't have protection of an automatic
lease renewal is you get the landlord mad.
However, you do have rights while you are there. What you describe violates
the Warranty of Habitability (Real Property Law) and probably noise
standards as well. The Environmental Control Board and the Police which
are supposed to handle noise problems are complete jokes. Also, from
what I hear, the Community Board in your area is ineffective or under
the control of Antonio Pagan, who is in bed with the landlords.

In exercising your rights to enforce the Warranty of Habitability,
you need to document what is occuring (when, how, etc.). Put it in
writing to the landlord, certified mail that if he does not install
soundproofing or otherwise mitigate the noise and vibration, you will
withhold your rent (don't do this unless you are actually prepared to do
so). If he then takes you to housing court, your defense would be
the warranty of habitability. Unfortunately, as you aren't protected
the owner would not be required to renew your lease.

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Comments:
: : I was wondering is someone could advise me. I live in a new building in the 
: : East Village (NYC). I moved in to the second floor the day the contractor left and building opened.
: : Until October the retail space below my appartment was vacant. The landlord (and broker
: : that got me the place) told me a video rental shop would be going in below.

: : Turns out I have a 24 night club/veggie food place below me and not a video rental. Sound barriers between my appartment and the club
: : do not exist. I have not been able to sleep a single night since October. The clubs base from thier sound system shakes my floor and vibrates everything
: : in my appartment. Lack of sleep is effecting both my personal and professional life not to mention physical problems (run down, catching colds) 
: : that this forced insomnia haqs been causing me.
: : Landlord won't help me. The Club owner and his staff are abusive.
: : I signed the standard NYC retal agreement. In it I am banned from creating noise that would disturb other
: : tenants. Would a commerial lease be the same way? I cannot afford to move and
: : deal with another broker fee (plus I like the building). Do I have any legal rights?

: Since the building is new, you aren't stabilized and don't have protection of an automatic
: lease renewal is you get the landlord mad.
: However, you do have rights while you are there. What you describe violates
: the Warranty of Habitability (Real Property Law) and probably noise
: standards as well. The Environmental Control Board and the Police which
: are supposed to handle noise problems are complete jokes. Also, from
: what I hear, the Community Board in your area is ineffective or under
: the control of Antonio Pagan, who is in bed with the landlords.

: In exercising your rights to enforce the Warranty of Habitability,
: you need to document what is occuring (when, how, etc.). Put it in
: writing to the landlord, certified mail that if he does not install
: soundproofing or otherwise mitigate the noise and vibration, you will
: withhold your rent (don't do this unless you are actually prepared to do 
: so). If he then takes you to housing court, your defense would be
: the warranty of habitability. Unfortunately, as you aren't protected
: the owner would not be required to renew your lease.


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