Water property damage/rent abatement.

[admlevy]

A water piper burst at 2am (of course) in my rent-stabilized apt which soaked my mattress and boxspring. To fix the pipes, the wall had to be opened up 1ft wide x 10ft tall to repair. I am told that it will be at least 1-2 weeks before they can plaster the walls until its dry enough. Now there are exposed rusty/smelly pipes, not to mention an opening for roaches/mice which have been a problem in the past in the building.

1. Am I entitled to replacement for my mattress/boxspring?
2. I am not sure if it's safe to stay in the apt.-- the super even told me off-the-record she would not stay there. Is the landlord responsible for giving me a rebate in the rent, or paying for the cost of a hotel for me to stay in? In a book on nyc rent laws I looked up seemed to indicate the LL was responsible for relocation if the apt. is inhabitable, but this may not be severe enough.

From what I have read here on tenant.net, it is better to pursue small claims court, rather than withold or put rent in escrow?

Thanks for your help!

[Zamindar]

Landlords are not responsible for damage to a tenant’s property unless it is caused directly by their actions, or gross neglect. (E.g., property stolen because they did not install proper locks on the doors, or allowed a known broken lock to remain unrepaired after notice) which depending upon what caused the pipe to break might or might not be helpful. As far as paying to relocate you, this is generally a thing that is done when there is major destruction of an apartment, which as you describe seems fairly localized and being repaired, so I do not think he would be obligated to refund you money, or put you up in a hotel until the repairs are completed. Though it does not hurt to ask if he would do this. I just find it unlikely that they would do this, or that you would prevail if you were to sue to get this from him.

[knibbs]

First off, if you haven't already, take lots of pictures of the damage. Also, immeadiately send a certified letter (return receipt) to your landlord outlining exactly what happened.

You may be entitled to an abatement, but I wouldn't withold rent as it doesn't sound like the problem has been chronic. It sounds as if at least some part of your residence has been deemed uninhabitable because of this damage, therefore you should be able to argue for an abatement reflecting the percentage of the apartment which is effected.

[joliett]

Pipes that are old, smelly, and rusted have not been maintained properly.

Especially if they burst...

I say the landlord is responsible, and he is lucky no one was injured.

Pictures, certified letters, all will help.

Two weeks to dry is unacceptable...tell the landlord that in your certififed letter...one day is long enough with some light bulbs drying the mess up.

[jot0n0]

I don't see how LL is responsible for water pipe bursting in wall. The pipe is hidden and is not something that can be routinely inspected, nor did the poster mentioned that pipe was leaking before it suddenly burst, therefore LL was not aware of any problem and there’s no negligence on LL's part. Often pipes burst in the early mornings due to pressure build up since no one is using water at those hours. In any case this would be where renter insurance come into play.

[admlevy]

Hi,
Thanks for the advice. Although it sounds like I am cannot be compensated from the LL, I just would like to ask since I read in a nyc tenant rights book that if there is a breach of the warrant of habitability then the LL is responsible, unless the tenant did something to cause it, or it was due to a strike or labor dispute. They even mention a case of Spatz vs. Axelrod Management for defective plumbling lines?

[joliett]

Be careful about some of the advice you get here. It seems as though sometimes more landlords and building owners are posting than tenants. If my property was damaged by a pipe that burst in a building I didn't own, I would consider that the owner of the building is responsible ... especially if the plumbing was not properly maintained and subsequently burst.

[Phil Cohen]

I have no idea who is right. There may be a definitive right answer. I guess if I were in this situation I would demand the LL pay for my relocation and damages, keep careful records and photos and sue if he didn't reimburse.
I do agree that you have to take what people post here with a grain of salt. There is a lot of correct info here--and also stuff that is wrong or off-base.
For example, I just posted a question asking what to do when the DHCR doesn't forward landlord filings, and someone responds by posting a link about overcharges.