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Condo's building vs owner responsibilities

Started by realtime
almost 13 years ago
Posts: 108
Member since: Feb 2011
Discussion about
I recently bought a condo (Brooklyn) and rented it out. My tenant requested window guards (has children), complained that water pressure in the kitchen is low and the lock on the door leading to the internal stairs (fire escape) is not working. I directed him to the management company who responded that ALL the items are the responsibilities of the owner.Is this possible? do you know of any other condos that this is a common practice? (I own other properties but never had such an experience).
Response by pencap75
almost 13 years ago
Posts: 59
Member since: Feb 2011

Anything within the walls of your condo is your responsibility. You are liable for window guards. However, water pressure which is part of the overall building plumbing and stairs which I presume is in the common area is probably the buildings responsibility.

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Response by yikes
almost 13 years ago
Posts: 1016
Member since: Mar 2012

window guards are the responsibility of the building, based on nyc law, whether a rental or condo/coop.

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Response by ab_11218
almost 13 years ago
Posts: 2017
Member since: May 2009

water pressure is on the building. the window guards and lock, if coming from the unit, are on you.

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Response by ba294
almost 13 years ago
Posts: 636
Member since: Nov 2007

Window guards are the responsibility of the building, not the owner!.

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Response by ab_11218
almost 13 years ago
Posts: 2017
Member since: May 2009

this is a condo, where each owner is the owner of their unit. there's no "building" in a sense of ownership as there is with coops/rentals. the common mechanicals and spaces are the only things that can be considered "building wide"

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Response by yikes
almost 13 years ago
Posts: 1016
Member since: Mar 2012

Window guards are considered common.
In fact building mgmt in all residential bulidings in NYC is required to survey all apts to insure that if young children reside, window guards are installed. Building managemaent installs said window guards if indicated.

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Response by generalogoun
almost 13 years ago
Posts: 329
Member since: Jan 2009

The landlord is responsible for window guards. You have to send a notice every January to your tenants about the window guards, which they must complete and return to you. If you don't install the window guards and send the notice, you will be liable under the NYC Health Code. You can probably find a copy of the notice online at the DOHMH website, or call 311. You should be careful about having the window guards conform to DOHMH standards because not every installer knows them. If they are installed incorrectly, you will pay a big fine. You'll also pay a big fine if you don't install them at all.

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Response by ba294
almost 13 years ago
Posts: 636
Member since: Nov 2007

ab_11218,

Window guards are paid by the Condo owner"S". It is part of condo common expenditure, not by individual owners.

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Response by realtime
almost 13 years ago
Posts: 108
Member since: Feb 2011

Thanks everyone. It seems like the only gray area is the window guards. The rest is clear.

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Response by generalogoun
almost 13 years ago
Posts: 329
Member since: Jan 2009

I suggest that you call the Health Department or 311 to find out the answer to your question about window guards. Many landlords end up at the DOH tribunal and pay fines because they were unaware of their responsibilities.

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Response by pier45
almost 13 years ago
Posts: 379
Member since: May 2009

They might try rotating the kitchen sink water valve if that is the only problem tap.

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Response by greensdale
almost 13 years ago
Posts: 3804
Member since: Sep 2012

If you have a window in the shower, and a young child in the apartment, can we assume that window too needs bars?

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Response by columbiacounty
almost 13 years ago
Posts: 12708
Member since: Jan 2009

hfscomm1.

gross.

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Response by generalogoun
almost 13 years ago
Posts: 329
Member since: Jan 2009

Since OP still seems to think window guards are a gray area, I have done what s/he should and could have done and found a link to the law.

http://www.nyc.gov/html/hpd/downloads/pdf/Local-law-57.pdf

I spent a few seconds of my time doing this so that a child of OP's tenant doesn't end up face-down in a courtyard. It's amazing the lengths to which some people will go to avoid responsibility and avoid paying a few bucks. In this case, however, a child or animal could end up dead while OP is still thinking about that "gray area."

Like it or not, OP, you're on the hook for the window guards.

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Response by greensdale
almost 13 years ago
Posts: 3804
Member since: Sep 2012

I'm reading this for the first time, and I agree with GG's tone here - pretty shocking even that the OP/owner didn't call the management company himself. Regardless if the problem belongs to the building or the owner, the owner should be taking the lead to resolve it.

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Response by greensdale
almost 13 years ago
Posts: 3804
Member since: Sep 2012

I should say I was meaningfully reading this for the first time.

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Response by Triple_Zero
almost 13 years ago
Posts: 516
Member since: Apr 2012

This brings up a question: can an owner, in anticipation of having to pay out money for window guards advertise a higher rent for potential customers with children (or a lower rent for customers without children)?

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Response by inonada
almost 13 years ago
Posts: 7952
Member since: Oct 2008

No: Fair Housing Act.

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Response by generalogoun
almost 13 years ago
Posts: 329
Member since: Jan 2009

The answer to that discriminatory question is "no." And I say again, it's amazing the lengths to which some people will go to avoid paying a few bucks. If a landlord ended up before a judge at the health tribunal with a story like this, he or she could be fined $1,000 for each window guard legally required and not installed (or installed not in accordance with DOHMH regulations). It's a lot cheaper to install the window guards.

Back in the day, when my dear old father owned much rental property throughout NYC, window guards were not a legal issue. But he would say, if you can't afford something little like that, you shouldn't be in the game.

And don't forget the window guard notice that has to go out to the tenant in January. If you don't believe me, just do a search for it online

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Response by greensdale
almost 13 years ago
Posts: 3804
Member since: Sep 2012

>This brings up a question: can an owner, in anticipation of having to pay out money for window guards advertise a higher rent for potential customers with children (or a lower rent for customers without children)?

All this over a 1x $50 expense?

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