New Landlord wants access to Bathroom to run pipes

[brooklynstabilized]

Hi Guys,

I'm a rent stabilized tenant that's been in my apartment for over 40 years. We're the only tenant in the building that didn't accept a buy out to leave. Everytime the landlord did any work in our apartment, he left holes in the ceilings, didn't use protection from dust and dirt, etc. Now he wants access to our bathroom to run pipes in the rest of the building. The issue is they haven't repaired any of the violations in our apartment that they got written up for, and my Mom is a senior who has medical issues and needs access to the bathroom at all times. They want us to leave our apartment "temporarily" to do the work. We don't trust them. Do we legally have to grant them access to our bathroom to run the pipes? I personally don't think we should grant them access since they haven't repaired anything in our apartment. Please advise. Thanks.

[TenantNet]

All the regular issues with DOB and plumbing rules apply; there must be posted permits. The application must have a tenant safety plan and must indicate there are occupied units. Owners tend to lie about this and DOB does little.

As a RS tenant, you might have some recourse. We believe you have a right to see the architectural plans in advance, and to have your own plumber or architect review them. Is this something that's needed to correct a problem in the building, or perhaps something that is completely optional?

You don't need to leave the unit.

I would stand firm and even go to court if the LL pushes it.

Here's what you need to look for ... how many new pipes will be run, where are they in the bathroom and will they occupy space now occupied by something? In many cases, new pipes take up the space you are using and for which you pay rent. This might be a decrease in space and therefore a decrease in services, things you can bring in DHCR to make a determination (I am not recommending it, but it's an option). Courts might be a better option.

If they are just occupying space, see if they plan to box the new pipes in and how much space will that decrease your usable space in your bathroom.

I would insist all other repairs be completer before they do anything else, and if court, get a court-ordered stipulation that spells out exactly what needs to be done and in what order - and that includes prior repairs and making cosmetic finishes, i.e., painting over areas where the work was done.

For your mother, get medical documents specifying her issues - but I wouldn't hand them over to the LL. Have the court review them "in camera" just to establish she has certain needs then you can ask for a "reasonable accommodation (RA)" A RA is a legal thing often for the disabled or those withe medical conditions.

I would speak with an attorney, who can write a letter to the LL with your demands. But do research with DOB first.

[Sky]

The correction of outstanding defects previously created by the LL in your apartment is a separate issue and is seemingly not central to the issue of access for running new pipes, so that's another matter.

As TenantNet states, you should get clear on the situation, context, extent, purpose, and specifics of the new pipe run. DOB (Dept. of Buildings NYC) online may have the work application and related materials.

-Is there a true emergency situation requiring plumbing work/new pipes through your apt.?
-Is this a discretionary repair/improvement planned by the owner?

If it's the latter, IMHO you could tell the LL to stuff it and refuse to cooperate or grant access. I.e. it's not your problem. The LL may have dreams for what he wants to do in the building but that does not grant him the right to disturb you or alter your bathroom carte blanch and without your explicit consent including terms and conditions on how the work shall proceed, provisions for your access and comfort, compensation for any inconvenience, etc.

Even if a new pipe run were ostensibly required, there's more than one way to skin a cat and more than one way to run pipes, some being more complicated and expensive to design and implement than others (or vastly more expensive and complicated - like 20x more) but that's not your problem.

If for whatever reason you agree to the pipe run and the planned construction will interfere with (or completely deny) your access to your bathroom, it would become a de facto constructive eviction or partial constructive eviction (i.e you would be denied use of all or a portion of your apt.). You would need to obtain a detailed agreement from the LL specifying what the workable solution shall be (whether it be a temporary relocation to another dwelling unit, a temporary new bathroom, or other measures, as well as beginning and end dates plus financial penalties for missing deadlines, any compensation, moving expenses, insurance, etc.). You'd not be responsible for paying rent for the constructively evicted period. Such an agreement would need to be drafted by your very competent tenant attorney and the LL would also agree to pay for all your attorney fees associated with drafting it, as part of the price for your accommodation of their necessary or unnecessary plumbing project.

If the LL ignores your wishes or fails to comply with your demands you can simply refuse access for the work. After which if the LL persists, they'd likely need to sue you for access. Then it would be a matter for the court to decide if the LL had any standing to compel you to grant access [who, what, where, why, and when] and in my humble opinion the pipe work would have to be either an emergency or vital for extant plumbing services to continue functioning in the building, with an official government violation/order to that effect, with no other practicable method of maintaining services exempt via a new pipe run in your apt.; there would have to be a plan on file with DOB along with Tenant Protection Plan (aka Tenant Safety Plan), relocation provisions if necessary, etc.

[Sky]

Do we legally have to grant them access to our bathroom to run the pipes?

The LL could bluff and intimidate, misinform and misdirect, to coerce you to grant access. However, in the 'bigger' picture the only time you'd have to legally grant access is if you have been so ordered by a court decision. If after that you still refused they'd likely have to evict you in order to gain access and may have grounds to do so.

But understand that if it's an invasive procedure that is mandatory (esp. if it will essentially constructively evict you) its not a casual thing and the onus would be on the LL to have made comprehensive provisions for your comfort, health, safety, and return.

But best to find out the particulars and parameters of the situation so as to determine your rights so you can decide how you wish to respond.

Good luck.

[TenantNet]

Thanks Sky. Perhaps I should have been clearer. Yes it's true a judge might say clearing up the old violations would be a separate matter, but it is a negotiating tactic (along with all the other things Sky raises).

Get a sense of what it really going on ... is this more harassment to get you out? Or is it something the LL wants to have done right away? See what Sky says about court. Yes, a judge might order you to give access, but the courts are still backed-up from Covid. It could take a while. If the LL is rational, making the repairs you want can be cheaper and faster for him. Or, as Sky says, if it's not really needed to run the building, it might go away.

In my experience, running a pipe through a bathroom can take a day or so if the plumber is competent, but the problem will be the restorative work ... plaster, plaint, tile work and so on to get things back to normal. A plumber will say that's not their job (true), but getting other workers in to finish things off would likely stretch things out.

All the issues about relocation Sky raises hold. But I don't think relocation is needed and should be resisted, that is if your toilet is still working. If not, then the LL should find you a toilet and shower in a vacant unit if there is one. I would not leave your apartment and possessions in the hands of strangers.

[Sky]

Mom is a senior who has medical issues and needs access to the bathroom at all times. They want us to leave our apartment "temporarily" to do the work. We don't trust them.

I just want to be clear here that given the above concerns, yes it is possible to leave your apartment temporarily and meet mom's 'all times' bathroom access requirements without trusting your LL.

However, you would have to trust your attorney (and ultimately the courts). The former to draft a competent and enforceable relocation agreement covering all foreseeable eventualities and complications which could arise from a construction project and tenant relocation; the latter in the event that your competent contract is breeched and you'd need to enforce its provisions in court.
A good relocation contract will include a clear scope of work and enforcement mechanisms, as well as incentivizing compliance for ex. with the inclusion of daily monetary penalties for failure to complete work as of a certain date, an inspection certifying completion of all work (you could include your other extant ceiling defects in this agreement so they perform all work while you're gone), and a ready-to-reclaim fully habitable apartment. The relocation apt. (or hotel) shall be free and similar in size and location to yours (to protect against the eventuality of a drawn out legal dispute) and you pay no rent for your unit until you move back. The LL pays for any legal fees associated with drafting and negotiating the relocation agreement.

The relocation agreement helps protect against any monkey business. The LL gets to have the plumbing upgrades he desires, you get your outstanding repairs completed, both parties exhibit good faith, and use the opportunity to work with each other.

Anyway you get the picture. Yes it can be done. Without trust.
But not without risk. Life is risky. A good attorney and 'iron clad' contract will mitigate that risk.

[TenantNet]

There are some very good relocation agreements out there. But they don't (and can't) cover everything or every possibility.

First, relocating so they can run a pipe in the bathroom ... that is utterly insane. You would spend all sorts of time, energy and anxiety just getting a good agreement. (although I'm not suggesting things should be rushed either).

I had some major work done in my bathroom a few years back. They came in, put up some plastic to contain the dust and did their work. It was over by 5 PM. I was there the entire time sitting at my computer doing my work ... and keeping an eye on things.

The one thing no agreement can cover is sticky fingers. Supers, building employees and plumbers ... all could have sticky fingers and steal things of yours.