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Restaurant fumes

Posted by Chad on March 02, 1998 at 14:30:33:

I live in NYC in a rent stablized apartment on the second floor. For the six
years I have been living here, psychic occupied the storefront
below my apartment. Recently, the psychic moved out and a restaurant moved
in. Since the restaurant opened, my apartment has been laden with food
smells so heavy that it is sometimes hard to sleep. The restaurant has no
vent so all of the fumes, including those from smoking and grilling, come
into myapartment. The restaurant doesn't open to the back of the apartment
building; so there is no apparent place to install a vent.

Is there any thing I can do legally about this situation? Could this be
a form of reduction of services that I could levergage with my landlord to
force some change in the situation?

In general, my landlord is uncooperative in fixing any situation in the
building as the tenants in my builing have had to withhold rent in the
past to get heat and to fix unsafe conditions.

Any information is well appreciated. Thank you.

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