Percentage of Windows in Apt Must be Funtional?

How are you doing your count of windows? Does each count equally? Do you have one in the shower, for instance, that one would naturally expect to be treated differently?

Also, re "functional", are you saying that you can't see through some of the windows? Those are called walls.

It goes by room, not total count of windows in the whole place. Window area needs to be 10% of the room's floor area, and openable area needs to be 5% of the floor area. There're lots of definitions, caveats and conditions, though. See http://www2.iccsafe.org/states/newyorkcity/Building/PDFs/Chapter%2012_Interior%20Environment.pdf

You might want to say what you think your problem is.

oh, openable.

I'm just guessing that the OP's functional==openable. Maybe it's a tenement with so much paint glopped on the windows that they serve as walls.

Thanks folks.
NWT - I'll spend some time trying to decipher the document you have linked here. Thank you!

To give more detail:
I mean outside-facing, "regular" windows. not airshaft, bathroom, kitchen ventilation type.
In our livingroom as example, there are four double-hung windows of equal size, facing the street.
One opens with tremendous effort.
One opens with great effort but slams shut immediately so one must hold it with one hand while slipping a stick under to keep it from crashing shut like a guillotine.
One has a window a/c in the bottom half and the top half tends to slowly slide down.
One is sort of normal.

Those are the "good" windows.

Tenants can be so fussy, demanding and needy.

The whole point of renting is being able to rent somewhere else when the lease is up. Just stick it out until then.

>Tenants can be so fussy, demanding and needy.

OP is looking for a legal formula and his "tenant's rights."

I am not a lawyer who specializes in real estate or landlord/tenant law. However, it seems to me that the question is about habitability and repairs. The non-functioning windows might violate the warranty of habitability, thus the landlord might be required to repair them or forfeit rent. I don't know this for sure. I think there are tenant clinics you might consult.

FLMAOZ, your apartment isn't habitable because one window needs WD40.

If it's a rent-regulated apartment, the windows must be fixed by the landlord, with properly working and adjusted counterbalances (or similar system).

Its not a question of comfort or esthetics. It is a question of fire safety and means of egress. If a window won't open, firefighters can't use it to help you get out in an emergency, part of the reason a
bedroom has to have a window to be considered legal. I would call 311 and try to get a reading on how window functionality is defined and what the requirements are. I think they come from FDNY and not the DOB.

Condo unit rented from owner.
WD-40 and graphite powder have been deployed and don't do the trick.
Windows are the type with a coil encased in metal pipe.
One window has had the coil/pipe mechanism removed entirely.
All window frames have damage to varying degrees including cracks, holes, rot and rust.
All have condensation between panes.
(The windows were all due to be replaced "in a few months" when we signed but that was over a year ago.).

Good idea about asking 311 for proper inspector!

Over a year ago? How long is your lease? Seems you have a lousy landlord if it's as you say. Did you do anything to piss him/her off?

The windows need new springs it seems...

>The windows need new springs it seems...

Supreme Housing Court here we come!

Have you tried talking to the LL? Try calling once a week for a month; if that doesn't work, then try the mmmore aggressive tactics listed above.

Update: Our lease is coming up for renewal.
LL sez that wife wants him to sell but he doesn't want to "at this time"however he wants to build that into lease as some sort of provision (?!).
Also sez he's going to do a "modest increase" because, as we know, there have been tremendous expenses this past year and more to come (window replacement that he promised last year , I suppose).
Best part: Regarding the "tremendous expenses": sez that the various repairs to the apartment were to have been paid for by us but he reimbursed us for them anyway, even the "questionable" ones.

Here's what has been done in past year that I guess he thinks is our financial responsibility:
- Completely shot a/c unit replaced because it was too f'd up to be repaired
- Plumber to repair bathroom flood when old gasket on toilet disentegrated
- Plumber to repair major leak in kitchen sink (noticed when water started coming up between floorboards) when connections/nuts/gskets/hoses disentegrated from corrosion.
- Plumber to repair leak behind wall in shower
- Appx 8 outlets repaced from 2 prong to 3 prong. Rotted, crumbling, charred wiring behind each outlet plate replaced.
- Cleanup/mold crew because ongoing ceiling and window leaks led to mold behind built-in radiator covers.

We're moving.

Best of luck to you! The a-hole is a slumlord & you'll be well rid of him.

Did you rent this place with the "help" of the broker Jim Hores?

rooklynNewbie
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Update: Our lease is coming up for renewal.
LL sez that wife wants him to sell but he doesn't want to "at this time"however he wants to build that into lease as some sort of provision (?!).
Also sez he's going to do a "modest increase" because, as we know, there have been tremendous expenses this past year and more to come (window replacement that he promised last year , I suppose).
Best part: Regarding the "tremendous expenses": sez that the various repairs to the apartment were to have been paid for by us but he reimbursed us for them anyway, even the "questionable" ones.

Here's what has been done in past year that I guess he thinks is our financial responsibility:
- Completely shot a/c unit replaced because it was too f'd up to be repaired
- Plumber to repair bathroom flood when old gasket on toilet disentegrated
- Plumber to repair major leak in kitchen sink (noticed when water started coming up between floorboards) when connections/nuts/gskets/hoses disentegrated from corrosion.
- Plumber to repair leak behind wall in shower
- Appx 8 outlets repaced from 2 prong to 3 prong. Rotted, crumbling, charred wiring behind each outlet plate replaced.
- Cleanup/mold crew because ongoing ceiling and window leaks led to mold behind built-in radiator covers.

We're moving.

Since you live in a dump, one would conclude you are poor. So enjoy looking for a better apartment with less purchasing power.

>Since you live in a dump, one would conclude you are poor. So enjoy looking for a better apartment with less purchasing power.

Jim, aren't you a renter?

Well hello there, folks.
I haven't been in SE for a while but popped back in and saw that my thread has had a few more comments.
I can't believe I'd actually thought I was going to enjoy an all helpful thread without any of Jim H's mean-spiritedness. Oh, silly me!

Anyway, we found a place that's in very good shape, professionally managed, 3 yr old building...moving in a month which can't get here soon enough for me.
The rainstorms from last couple of weeks meant the ceiling leaks have started again.

I just feel sorry for the nice young couple that seem to really like it and will pronbably sign the lease because they have the same agent we had to go through and doesn't look like she's gonna be truthful about the state of disrepair to them, either.

Anyway, thank you folks for the advice and encouragement.

>I just feel sorry for the nice young couple that seem to really like it and will pronbably sign the lease because they have the same agent we had to go through and doesn't look like she's gonna be truthful about the state of disrepair to them, either.

You feel sorry but you won't help them by telling them?

I slipped my card to one of them and very pointedly told her to contact me if she had any questions.
The real estate agent was really riding herd on me - she clearly didn't want me to talk to them! Whenever they'd ask a question she'd talk over me.
Unfortunately, I don't know their name or I'd try to contact them.

>Whenever they'd ask a question she'd talk over me.

Thought this was in Brooklyn.

How much money did this broker make off of you when you leased the apartment, and you let her walk over you even today? This broker benefits from all of the turnover.

Do leasing agents have duty to disclose defects? In a legal sense?

BrooklynNewbie: By now you must (or should) have realized that most of the people on SE are really fd-up losers who have nothing better to do than invent new ways to insult people. I thought they would be nice and helpful in my contemplated move to the city, but all the nastiness and viciousness made me realize that I am FAR better off and much happier in San Francisco. Sorry losers, but it is a much nicer place. Thanks to all of you for making me realize that "there's no place like home."

Good luck to you BrooklynNewbie, and don't let these assholes get you down. Fight for your rights.

Riccardo, could you do us a favor and bring Jason10006 back to SF with you?

Happy to report that the prospective tenant has contacted me thanks to the biz card I slipped her so I will be filling them in on the situation.

Good for you and thank you.

(I still think my answer about functional windows in the second post was the best)

I may just direct the gal to this thread!

Dear greensdale: If Jason10006 is a hunk, blonde and gorgeous, I would be happy to at least introduce him to this gorgeous city. Manhattan is magnificent for a visit, but how lovely to return to this unique city. Thank God I'm resourceful enough to be able to return to New York for great theater whenever I desire. Theater we don't have. Lovely weather and nice people we do.

Riccardo, San Francisco sure sounds great.
As for Jason, I don't know if he is a hunk, but please be tolerant whatever he looks like. He does come with a retard helmet.

And you sound like a fabulous person, seriously. At my age, I'm lucky if they're just breathing. San Francisco is great, but it's not New York. We are provincial, you are so opposite that I can't find the word.

Cheers.

Update : Had a good phone chat with the prospective tenant and invited her to come by in the next couple of days to measure for curtains.

She heard this saga & she still wants to move in, huh? Is the place that charming? That cheap? Anyway, good luck to her & good luck to you!