Legal Question in Landlord & Tenant Law in New York

Hi,

I am a shareholder of a co-op apartment in queens, ny. It was a sponsor unit when i originally bought it. One of my rooms got severely flooded as a result of the Hurricane Irene. As it appears, i had an opening behind the window and this is where all the water penetrated from and now I have mold.

The building is taking some actions as to mold, but nothing yet (at least temorarily) for patch up of the existing opening from the outside brick because they claim it requires permits to do the whole building or at least 1 side of the building.

The insurance did not cover any water damage, but looks like the building will cover the renovations for the room, but only up to the point of damage which is at least 1/2 room.

Providing that i have mold accumilation at this time, what are my legal rights to have the management move faster in this regard?

Can I withhold a maintenance until the job is done?

Do I have the right to go through the building Insurance and renovate the whole room?

Any suggestions will be welcomed.

Thank you.


Asked on 10/17/11, 11:56 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

"The building is taking some actions as to mold, but nothing yet (at least temorarily) for patch up of the existing opening from the outside brick because they claim it requires permits to do the whole building or at least 1 side of the building."

A. The building would need a permit to conduct construction work for the outside brick.

Q. Providing that i have mold accumilation at this time, what are my legal rights to have the management move faster in this regard?

A. You have to give the building a reasonable period of time to complete the work.

Q. Can I withhold a maintenance until the job is done?

A. Maybe. More information is needed. However, based on your question, I would not withhold maintenance. Worst case scenario, you should commence an action alleging the building's breach of you warrant of habitablility and deposit maintenance with the court.

Q. Do I have the right to go through the building Insurance and renovate the whole room?

A. The building's insurance would pay you a percentage of the money in consideration for a release. Once you have the money, and assuming that you receive permission from the building, you may renovate the room yourself.

Mike.

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Answered on 10/17/11, 1:59 pm


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