Maintenance Reduction for LL11?
Started by UE98
12 months ago
Posts: 100
Member since: Jan 2013
Discussion about
Sorry in advance for the long post... I have been living in my prewar UES co-op since 2017, and for the second time during my tenancy the building is currently undergoing Local Law 11 facade work. The first time I experienced it, the work lasted nearly a year because of endless delays. This time around, the board/management has communicated it will supposedly be about 6 months of work, ending in... [more]
Sorry in advance for the long post... I have been living in my prewar UES co-op since 2017, and for the second time during my tenancy the building is currently undergoing Local Law 11 facade work. The first time I experienced it, the work lasted nearly a year because of endless delays. This time around, the board/management has communicated it will supposedly be about 6 months of work, ending in late spring (it's been going on already). The issue is, my apartment, along with just 2 other apartments, is located on the 2nd floor (one level above street level) facing the facade in question. The scaffolding where the work is being done (with machinery and crews of men working) is eye-level with my windows, all of which face the facade (all the same exposure direction). Every weekday starting at around 8:45am, work begins, with the men working outside being able to look directly into my apartment, and, of course, all the noise associated with facade work (rigging, using power tools to cut wood and metal, drilling into the building, etc.), along with talking (shouting?) and using radios to communicate. It is like living IN a construction site -- if I open my window, I can shake these guys' hands. As a result, the quality of life in my apartment has significantly (severely?) diminished. I of course cannot have privacy during these hours. I cannot keep my curtains open, eliminating any view(s) that I once had. Because of this, the little natural light I had entering the apartment is now gone. I can no longer keep plants alive as a result of the loss of sunlight. Any peace and quiet, or sleep, is impossible starting promptly before 9am. And finally, just as of less than a week ago, the workers installed a heavy plastic covering over the entire living room window (there are 2 major windows in the apartment, and all windows face the facade in question), now blocking any airflow in or out of this window, which is the largest in the apartment. This did not happen the last time LL11 work was done. At this point, I am worried about my health (and not just mental health, this time). I understand this work is necessary and required. There has been a hefty capital assessment that I am paying now for it, and another maintenance increase was just announced starting Jan 1. Maintenance is of course based on shares owned, and features of the unit. However, I feel some of the most valuable features of the apartment (every room windowed, for example) and the overall livability of the unit has been significantly diminished. I have read that NYC residents are entitled to "privacy" and "peaceful habitation" as required, I think, by law, (but perhaps this applies to renters only?), and also "quiet enjoyment" as required by law. But-- I'm no lawyer. Do I have any grounds to ask for a maintenance (or assessment) reduction? At least temporarily while the work is ongoing? I do believe that the quality of life has diminished significantly, and while LL11 work is a known variable when purchasing, not all units experience the same thing, and the reasons why the apartment is/was valued the way it is don't exist any more while this work is being done. If anyone has any experience with situations like this, I'd love to hear your thoughts/recommendations. Would I need an attorney? Is this more of a board issue or a management issue? If I were to raise the issue, what should I have prepared ahead of time? I have plenty of photos and videos, but perhaps there is something else that would be helpful. Thanks so much. [less]
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When you bought the apartment, did you know it was on the second floor? Did you know that New York City has a Local Law 11? Are you aware that if you live near JFK that you'll hear airplanes with frequency?
Many 1st and 2nd floor owners get screwed during LL11 as well as some owners with terraces. Don't like it- join the board to minimize disruption during the next cycle by cracking the whip on the managing agent, other board members, engineers, and contractors. I have managed local law 11 repairs during 2 cycles and found way too much delay from the engineers overpromising on the timelines.
Welcome to NY!
I think also, having sat on a board - think through the mechanics of what you are asking for?
The coop/condo budget is not magic money from the sky, it comes from you and your neighbors.
If you are asking for a reduction, you are asking your neighbors to pay you, period.
If you are cool with that, then sure go ahead and ask. But that is what you are asking. And good luck with that..
LL 11 renovations are every 5 years? Shouldn't the work proceed faster after the first cycle? It seems to me they should have made any major repairs during the initial round of repairs. How much can masonry deteriorate in 5 years? Buildings stood for how long before LL 11 was enacted? The whole thing seems highly suspect.
I'm trying to think of other cities where I have noticed this level of concern for brickwork facades. Boston? DC? Philly?
It is a facade mafia who donate to the city council who has pushed for more stringent rules. There a lot of unnecessary work involved every cycle.
+1 on 300_mercer's comment. As far as other cities, it has just hit SF and our building there is going to be hit quite hard. Recent board meeting (yes, I am a glutton for punishment) just had a presentation from the management company that soft-pedaled the whole thing. I objected to the low ball estimate for 2025 budget, but, of course, a board member is selling, so it is all going to stay below the line unless a buyer does serious due diligence and asks to see board meeting minutes where I insist that my comments be reflected..
P.S. - @MTH - in NY, it is a MAJOR expense every five years. They always find something, plus, in defense of the building engineers, they do identify issues that should be dealt with as preventative maintenance, but then aren't, and those issues then become "emergency repairs" that are far more costly to deal with after they have been neglected than they would have been had they been handled when first identified. There is an agency problem with all buildings, like corporations. The first thing I would ask any seller is "What is the board like?" If they say "I am on the board. It is very diligent!" then I would run, not walk, away.
@multicityresident - Makes sense. I'd hope/imagine most of the biggest issues would be caught the first time around. Maybe a few lingering ones the second round. After that it should just be tweaking and should be over within a few days of erecting the scaffolding. I smell a racket.
Putting up the scaffolding is expensive in itself.