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No gas for 9 months

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No gas for 9 months

Postby SohoLoft » Sun Nov 22, 2015 3:21 pm

My wife and I rent a loft in Soho for the past 6 years and for 9 months we have been living without gas. Last April our landlord notified us that gas work was to be done in the building, including updating a boiler that was installed in the 80s. Our landlords told us that they did not want to notify Con Edison of these updates and repairs because of the costs involved, so instead opted for a faster and less expensive contractor instead. They also specifically asked us not to call Con Edison. The day of the repairs the contractors came in and did work on the gas pipes behind our stove and when they left the noticed that smell of gas in our apartment escalated to the point where my wife and I had to leave the apartment and go outside. We were given an emergency phone number by our landlord to call if there were any problems, which we called for 30 straight minutes, including numerous calls to our landlord. When it became clear that the smell of gas was not going away, but getting stronger, and no one would answer the phone we had no choice but to call 911. Con Edison came straight away and turned the entire building's gas off. (This occurred 2 weeks after the gas explosion that killed two lives in the East Village because the landlord used an outside contractor for gas repairs).

For the first 3 months of the shut-off we had no hot water and were unable to take hot showers (which has since been resolved), but for the past 9 months have not been able to cook since our stove is a gas stove. Every time we ask our landlords for an update they complain and subtly accuse us for creating the current situation, which has resulted in costly bills and city requirements to update the gas lines. They tell us that the building (Co-op board) has been in touch with Con Ed and ConEd are the ones who have put a stop order on the gas due to the 911 call. Nine months ago, the building had been working to fix the problems. With the 911 call and Con Ed's visit, the building is now required to bring the entire system up to present day code, instead of remaining grandfathered & able to address an individual issue. This is an 1890 building with a complex set of challenges, as well as 5 unique floor configurations. Significant work still needs to be done with architects, contractors & Con Ed, etc to assess where new gas lines will need to be appropriately situated, & understand how to minimize the destruction of tearing open up walls, ceilings etc. to meet shareholder needs and Con Ed requirements. They say it is likely to take much longer before they have answers.

I am writing to you now because I would like to know what our tenant's rights are in a situation like this. Our landlord has not reduced the rent, nor have they reimbursed us for the hot plate and toaster oven we bought as a temporary solution. Now with the holidays here we can't cook or use our oven. We rented this loft with a full working kitchen. Our lease requires that we should have the ability to cook. What can we do? What kind of rent reduction should we ask for? Can we ask for reductions for prior months as well? Are they required to replace the oven with an electric one if the gas isn't working? Do we have the right to withhold rent until this problem is resolved?

Your advice is greatly appreciated.
SohoLoft
 
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Re: No gas for 9 months

Postby TenantNet » Sun Nov 22, 2015 6:52 pm

I feel for your situation as gas outages are becoming common these days. Where I live the LL denied cooking gas to tenants for over a year.

You posted in the unregulated forum, so I'm assuming you are not rent stab and don't have lease protections. So that's something to be concerned about. But you don't say if you're a holder of coop shares are a real sublet.

But given the danger of gas, you should take all precautions and watch closely that the LL is doing the same. That means you should be in touch with Con Ed and also the NYC Dept. of Buildings. No shortcuts.

As tenants you can file a HP Action in Housing Court. The court can prod the LL (and HPD) to get things done sooner than not.

In the meantime the LL should suppply all tenants with hot plates at a minimum (or pay for the ones you bought). If there are heat/hot water issues, they can bring in portable boilers (you see them in trucks with pipes over sidewalks). You should be compensated for the lack of cooking gas and for expenses related to being forced to eat out. And for the increased cost of electricity for the hot plate. Hold onto all documents so you can prove what you spent money on.

And yes, you can withhold rent, but be prepared as the LL will likely take you to housing court.

Do you have a tenant association in the building? If not, start one. I would also talk to a tenant attorney to devise a strategy for yourself and other tenants. Look for a) getting the gas back on, and b) compensation for the hardship.
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Re: No gas for 9 months

Postby SohoLoft » Sun Nov 22, 2015 8:29 pm

Thanks for the response and information. I didn't mention that we rent from the owners and do have a lease but I believe the building we are in is not rent stab. We'll definitely look into getting compensated for the lack of cooking gas.
SohoLoft
 
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Re: No gas for 9 months

Postby TenantNet » Mon Nov 23, 2015 12:10 am

BTW, make sure you tell Con Ed to cancel the gas account, otherwise they will charge you for the gas you aren't receiving.
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Re: No gas for 9 months

Postby BubbaJoe123 » Mon Nov 23, 2015 9:15 am

Relevant, but slightly off topic:

If you smell gas: leave the building and call 911 immediately!

Do NOT waste time calling the super, the management company, etc.

http://www.coned.com/customercentral/gassafety.asp
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