Ask Curbed: Can I Be Boiled in My Own Apartment Juices?

1.

That sounds like a living hell.

2.

Are you a chick? If so, are you hot?

3.

this happened in my building a while ago...in august, as i recall, during a heat wave. only relief i got was begging the super to remove the plastic from one window at night. maybe they can do this for you?

4.

Open the window, take a pair of scissors, and cut the plastic.

5.

You didn't ays if you were in a co-op, condo or rental building, but first step might be
call the department of health and/or the department of building to see if these are violatioons, seems to me they must be. Start with the department of health

6.

Let's save the trolls some time:

Is your place rent stabilized? Then you should just die.

If your apartment is market rate, you should ditch it and buy something. Anything. Ideally, one of the craptastic new "luxury" places in neighborhoods more commonly found on EPA SuperFund watch lists.

If you can't afford to buy, see advice for rent-stabilized renters above.

If you can afford to buy and think the market is over-priced, you're just being a giant ninny. Why just 300 years ago all of Manhattan went for a stack of blankets and a handful of beads. And don't think the sellers aren't kicking themselves now for not waiting. Prices are always going to go up, and coastal areas of New York City are always going to be above water.

7.

This happened in Tudor City recently. It was all over the news last week. If the building is landmarked, like Tudor City, there is nothing that can be done per what they said on the television.

8.

Put your A/C back and turn it on. If they're trying to 'prevent damage' like they say, damage to what? I've never heard of such a thing. Why did you let them take your AC out in the first place?

If you insist on letting others control your destiny, go buy a AC unit like a Move
n'Cool that sits in the apt and vents out thru a hose.

Denton

9.

While they are generally inefficient, you may consider buying one of those "wondoless" ait conditioners that are not so windowless, but require the window to be open only about 5 inches to fit a tube out. May avoid a wholesale cutting of the plastic, and very easy to put in/out.

10.

While they are generally inefficient, you may consider buying one of those "windowless" air conditioners. They are not really "windowless," but they do only require the window to be open 5-6 inches to get the tube out. This may avoid the wholesale cutting of the plastic, and widespread dust in your apartment.

11.

Amcor PLM16000EH 16000 BTU Portable Air Conditioner

http://www.amazon.com/Amcor-PLM16000EH-16000-Portable-Conditioner/dp/B000FJ01QE/ref=sr_1_129/104-2162000-7546314?ie=UTF8&s=kitchen&qid=1180995981&sr=1-129

12.

I dunno, maybe read your lease instead of asking a bunch of jackasses on a website? As if we're the legal authority.

13.

i actually enjoy reading things like mal content's comment ...who cares that he's neither funny nor clever? the entertainment is knowing how hard he's trying.

14.

very good question

15.

Look up "warranty of habitability".

Here's a brief primer from the NY AG's website:
http://www.oag.state.ny.us/realestate/habitability.html

"WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent. In such a case, the tenant may countersue for breach of the warranty.

Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.

A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs. "

16.

failure to provide air conditioning is almost never a breach of the warranty of habitability. Review the lease. Almost all leases explicitly state that provision of air conditioning ist at will of the landlord and failure to provide same does not breach the lease. My advice. Buy a fan.

17.

You could just take off the bathing suit and go commando.

18.

kudos to the Batman for, like, the best comment ever.
Should we start using RTFL for "read the *** lease"?

19.

This stinks. you shouldn't have to live like this...I have a portable a/c that all you do is run a hose to the window (i'm sure you can crack one open)... you can have it for $100. it's brand new...let me know if you want it. send me a fax 718-797-4923.

20.

To the person who wrote, "failure to provide air conditioning is almost never a breach of the warranty of habitability"

First, this isn't about the landlord failing to provide an ac, it's about the landlord preventing the tenant from providing one.

Second, the tenant is uable to open his window. Not having acess to ac is one thing, not having access to ac and simultaneously not being allowed to open a window for ventilation is quite another.

21.

#20--Air conditioning is not a legal requirement for private housing in this City. Perhaps it is in Miami. Again, Op should buy a fan.

22.

batman...I said the same thing to some jackass who was asking the peanut gallery if he should invest in real estate. He revealed his financials...and I was thinking..dude..hire an investment person...not us...douches!!!

yep..read your lease and have sense to come out of the rain...dumb dumb

23.

patty, you are so cool!
You said the same thing as Batman!

24.

ask curbed should be retired.
Its 'answered' by people who rather not READ THE FUCKING QUESTION!
Hes blocking off the guys windows. WTF does that do with providing AC you fucking morons?
And then someone copys and repeats that idiot answer. JESUS.

25.

#23 and you are so cool too..you commented on a comment!!! wow the circle of life is complete....JACKASS

26.

To answer #2 - i know who wrote this and the answer is yes. she's a triple threat: smart and a nice rack.

27.

A/C may not be a legal right in the city, but the ability to open windows may be, so you may still have a warranty of habitability issue. In addition, since it's the scaffolding and not the plastic sheeting that's actually physically preventing her from opening her windows in the first place, there may be fire code issues.

28.

legally, rooms without windows cannot be advertised as bedrooms, only home offices. if having a window is the distinction between a legal bedroom and an office, taking away your ability to use the window may be illegal...