We live in a rental building on the UWS (7 floors, around 40+ apartments) that is owned by an individual and managed by a managing agent and super. We like the building and location, but we have been going through several issues that we don't know how to solve. For the past 2 years there has been construction in the building no stop. First the laundry room on the first floor, then they redid the... [more]
We live in a rental building on the UWS (7 floors, around 40+ apartments) that is owned by an individual and managed by a managing agent and super.
We like the building and location, but we have been going through several issues that we don't know how to solve.
For the past 2 years there has been construction in the building no stop. First the laundry room on the first floor, then they redid the lobby then the apartment next door to us (where the super lives) was redone and now they are repairing and repainting the entire interior of the building. There is constant dust, noise, smell of chemicals and paint, etc.
We have two kids including a baby and we are getting tired of all this construction and it is probably not very good for their or our health. At least if it was our own apartment, I can see accepting the work as it improves the value but this way the only thing that will go up is our rent next year when our 2 year lease is up.
Can we reasonably ask for a reduction in our rent to compensate? I asked the managing agent a few days ago for a free month (we have been in this building for 3 years now) but he did not respond.
In addition, the son of the owner lives in the building and he has mental issues. When he is on medicine, he is fine and even nice, but when he is not, he becomes aggressive and rude, especially to women. I had to get involved last weekend when he tried to forcefully throw out of the building the woman who comes in a few times a week to take care of him. And our babysitter tells us she is afraid of him and he is not nice to her.
Again, I complained to the managing agent and he told me he wants nothing to do with it and just call the police. Other residents told me they have called the police before but nothing has changed, so not sure what good that will do.
We really don't want to move and otherwise we really like our apartment, it is just these outside factors that are frustrating.
Any ideas as to what we can do?
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Response by Ottawanyc
about 13 years ago
Posts: 842
Member since: Aug 2011
I think you know the rather glaringly obvious answer and just don't want to deal with that. The real question is why if you seem so unhappy with the place you want to stay? Seems somewhat contradictory to say that we like the building, but then you lay out in detail the reasons you don't like the building.
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Response by sp21
about 13 years ago
Posts: 99
Member since: Feb 2013
It sounds very frustrating to be living in a building that has nonstop construction. If two years have passed, I assume that at some point, you would have opted to renew your lease and voluntarily stay in this building.
As for the owner's son with "mental issues," you lost me a little. How do you know when he is on medication and when he has not taken it? Would you feel the same if you had an alcoholic neighbor? How about just a rude, angry neighbor?
To me it sounds like you don't actually like your living situation very much, even if you do like your actual apartment unit.
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Response by west80s
about 13 years ago
Posts: 23
Member since: Mar 2009
The issue with construction is that they keep telling us it will take a few weeks and it takes months. Then they say they are done and in a month start again. If they would just stop with the construction, we would be fine. I just think they have to compensate us for taking so long.
And it is not that easy to move, if it was easy, we would have done it already. There are schools to consider, time, money, effort and lease that we would have to break. Plus we would need to find an apartment that we like and it took us a while to find this one.
So that is why we don't want to move :(
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Response by kcarscaden
about 13 years ago
Posts: 38
Member since: Jul 2012
Yuck....i would move even though you don't want to, sound like too much drama.
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Response by west80s
about 13 years ago
Posts: 23
Member since: Mar 2009
We have a two year lease and renewed it last year when they told us they were done with construction. A few weeks after we signed, they started again.
I guess my main question is do we have a right to be compensated financially for the inconvenience? I mean we pay a lot for the apartment and we expect better conditions.
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Response by alanhart
about 13 years ago
Posts: 12397
Member since: Feb 2007
If the owner is investing in improvements, it's mostly because he believes he can pull higher rents after they're done. Unless he's completely wrong, then, you are in effect already getting a break on rent.
Move on. It's a crappy neighborhood anyway -- if it's not rival street gangs of Porto Ricans and Whites, it's disgusting transplanted Long Island families whose idea of ordering food goes something like "gimme this, gimme that."
You deserve better.
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Response by Consigliere
about 13 years ago
Posts: 390
Member since: Jul 2011
Ottawanyc is correct. You can ask but I would say no if I was the LL. Construction happens all the time, it sucks. If you have an issue with the I am Sam, call the cops and tell them you are not feeling safe in your home.
It appears that your monetary concerns outweigh your health concerns. If you were really concerned about health, you would have went right to the LL and said we have an issue with our kids and the chemicals. It appears that if the LL offered you a reduction in rent that would offset any legitimate health concerns.
How concerned are you really with health if you would take a rent reduction?
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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008
You don't "have a right to be compensated financially for the inconvenience." You've already asked and been denied.
If the conditions posed an actual danger to health, then it'd likely be considered a constructive eviction and you could vacate and break the lease without penalty.
That's not an option, though, as you've already said you'd trade your kids' health for money.
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Response by NWT
about 13 years ago
Posts: 6643
Member since: Sep 2008
There we were, thinking same thing.
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Response by Riversider
about 13 years ago
Posts: 13573
Member since: Apr 2009
I think the relevant question to ask are what hours the construction takes place. If the managing agent took care to limit construction noise to say the hours of 10-4 or something deemed reasonable , I don't see much recourse, however it never hurts to ask, as the unit might be difficult to rent out under the circumstances.
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Response by Consigliere
about 13 years ago
Posts: 390
Member since: Jul 2011
@NWT
For a 25% off coupon, my kids' diapers can be radioactive. Savings > Health
How about a breach of the warranty of habitability because Forrest Gump has been known to threaten Miss. Louise?
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Response by greensdale
about 13 years ago
Posts: 3804
Member since: Sep 2012
Any opinions from C0lumbia C0unty?
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Response by sammy300
about 13 years ago
Posts: 208
Member since: Mar 2012
As NWT said, you do not have any right to be compensated in any way for the inconvenience. Unfortunately, some form of improvements are constantly going on in most buildings. If it is a per-war, just forget about it.
But your underlying concern is financial, as others have pointed out. You would have moved if you were really concerned about health issues, as others have pointed out also. If this situation was really so bothersome, you would have moved by now & accommodated all other factors I.e. schools etc.
and BTW-I once had an alcoholic neighbor, who would come home every night & beat up his boyfriend. Myself & the other tenants on the floor would call the police, who would sometimes show up & sometimes not. On several occasions, the polce came multiple times in the same night..The most they would do is give him a warning & leave. The LL did not care, until the guy stopped paying his rent & that's when he was evicted. If this person really has "mental issues", then not even the police would want to get involved. He's only going to leave if there is a major incident & believe me, you do not want to be there with your kids at that time.
My advice-If you have young kids, leave now. Do not expose them to such a hostile & negative living situation.
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Response by Ottawanyc
about 13 years ago
Posts: 842
Member since: Aug 2011
Not sure what people think the LL is supposed to or capable of doing. Is the insinuation that LLs should evict all alcoholics or people with mental health issues? So more convenient to trip over people living on the street?
Really this is just an issue that if you want to live in co-ops, condos you have to live with your neighbors. Or move.
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Response by crescent22
about 13 years ago
Posts: 953
Member since: Apr 2008
In the future, you should pick through the Dept. of Buildings website and look up the building for permits and violations - that can give you a clue what might be upcoming.
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Response by csn
about 13 years ago
Posts: 450
Member since: Dec 2007
If you had this problem all along, when you renewed the lease there should have been something in there about the construction ending and penalties to the landlord if this did not happen.
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Response by jelj13
about 13 years ago
Posts: 821
Member since: Sep 2011
I moved from an apartment due to a similar scenario with mentally ill staff related persons and construction on the building. Unfortunately, the mentally ill people were impacting the construction also. I really loved my apartment, but the peace of mind I've had in my current place was well worth the aggravation of moving. I've been here a few years now.
I think you know the rather glaringly obvious answer and just don't want to deal with that. The real question is why if you seem so unhappy with the place you want to stay? Seems somewhat contradictory to say that we like the building, but then you lay out in detail the reasons you don't like the building.
It sounds very frustrating to be living in a building that has nonstop construction. If two years have passed, I assume that at some point, you would have opted to renew your lease and voluntarily stay in this building.
As for the owner's son with "mental issues," you lost me a little. How do you know when he is on medication and when he has not taken it? Would you feel the same if you had an alcoholic neighbor? How about just a rude, angry neighbor?
To me it sounds like you don't actually like your living situation very much, even if you do like your actual apartment unit.
The issue with construction is that they keep telling us it will take a few weeks and it takes months. Then they say they are done and in a month start again. If they would just stop with the construction, we would be fine. I just think they have to compensate us for taking so long.
And it is not that easy to move, if it was easy, we would have done it already. There are schools to consider, time, money, effort and lease that we would have to break. Plus we would need to find an apartment that we like and it took us a while to find this one.
So that is why we don't want to move :(
Yuck....i would move even though you don't want to, sound like too much drama.
We have a two year lease and renewed it last year when they told us they were done with construction. A few weeks after we signed, they started again.
I guess my main question is do we have a right to be compensated financially for the inconvenience? I mean we pay a lot for the apartment and we expect better conditions.
If the owner is investing in improvements, it's mostly because he believes he can pull higher rents after they're done. Unless he's completely wrong, then, you are in effect already getting a break on rent.
Move on. It's a crappy neighborhood anyway -- if it's not rival street gangs of Porto Ricans and Whites, it's disgusting transplanted Long Island families whose idea of ordering food goes something like "gimme this, gimme that."
You deserve better.
Ottawanyc is correct. You can ask but I would say no if I was the LL. Construction happens all the time, it sucks. If you have an issue with the I am Sam, call the cops and tell them you are not feeling safe in your home.
It appears that your monetary concerns outweigh your health concerns. If you were really concerned about health, you would have went right to the LL and said we have an issue with our kids and the chemicals. It appears that if the LL offered you a reduction in rent that would offset any legitimate health concerns.
How concerned are you really with health if you would take a rent reduction?
You don't "have a right to be compensated financially for the inconvenience." You've already asked and been denied.
If the conditions posed an actual danger to health, then it'd likely be considered a constructive eviction and you could vacate and break the lease without penalty.
That's not an option, though, as you've already said you'd trade your kids' health for money.
There we were, thinking same thing.
I think the relevant question to ask are what hours the construction takes place. If the managing agent took care to limit construction noise to say the hours of 10-4 or something deemed reasonable , I don't see much recourse, however it never hurts to ask, as the unit might be difficult to rent out under the circumstances.
@NWT
For a 25% off coupon, my kids' diapers can be radioactive. Savings > Health
How about a breach of the warranty of habitability because Forrest Gump has been known to threaten Miss. Louise?
Any opinions from C0lumbia C0unty?
As NWT said, you do not have any right to be compensated in any way for the inconvenience. Unfortunately, some form of improvements are constantly going on in most buildings. If it is a per-war, just forget about it.
But your underlying concern is financial, as others have pointed out. You would have moved if you were really concerned about health issues, as others have pointed out also. If this situation was really so bothersome, you would have moved by now & accommodated all other factors I.e. schools etc.
and BTW-I once had an alcoholic neighbor, who would come home every night & beat up his boyfriend. Myself & the other tenants on the floor would call the police, who would sometimes show up & sometimes not. On several occasions, the polce came multiple times in the same night..The most they would do is give him a warning & leave. The LL did not care, until the guy stopped paying his rent & that's when he was evicted. If this person really has "mental issues", then not even the police would want to get involved. He's only going to leave if there is a major incident & believe me, you do not want to be there with your kids at that time.
My advice-If you have young kids, leave now. Do not expose them to such a hostile & negative living situation.
Not sure what people think the LL is supposed to or capable of doing. Is the insinuation that LLs should evict all alcoholics or people with mental health issues? So more convenient to trip over people living on the street?
Really this is just an issue that if you want to live in co-ops, condos you have to live with your neighbors. Or move.
In the future, you should pick through the Dept. of Buildings website and look up the building for permits and violations - that can give you a clue what might be upcoming.
If you had this problem all along, when you renewed the lease there should have been something in there about the construction ending and penalties to the landlord if this did not happen.
I moved from an apartment due to a similar scenario with mentally ill staff related persons and construction on the building. Unfortunately, the mentally ill people were impacting the construction also. I really loved my apartment, but the peace of mind I've had in my current place was well worth the aggravation of moving. I've been here a few years now.