What is the name of your state? new york
hi home guru. you have always been helpful in the past and i hope you can also answer this entailed post, and i am giving you plenty background so the picture is clear for you and apologize in advance for the length of the post.if you feel its too entailed please advise and i will try and re-type, but it involves various problems which also include rent stab tenant rights violations, dhcr determination letter, rent stab tenants legal rights, and a host of other issues
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i recently went thru a very similar situation and i have a lovely elderly neighbor on my floor. she does not have the funds to hire an attorney to sue the board and the landlord since she is rent stabilized and also under scrie privileges, but what she is enduring should not be allowed to continue since it is inhumane. she is in her rent stabilized apartment for over 20 years is basically very cordial and quiet. last year a new co-op owner moved in above her and my friend is being kept awake all night long. during the day this upstairs co-op owner is in and out of the apartment, but usually she comes in to stay after 11:00 pm and begins doing house work. she drops heavy items on the floor, slams closet doors, terrace and front doors, kitchen cabinets, and walks on bare wooden floors with some sort of very heavy high heeled slippers. both my wife & and other neighbors have visited since many know that routine all too well, since this co-op building seems not to enforce the cooperative bylaws for any rent stabilized tenants. when offending upstairs lady is active in the apartment both during the daytime hours, at night and in the early morning hours it sounds like a war zone. it is terrible and my elderly rent stab neighbor cannot get any peace or rest , and as a result her health is failing.
she also sent medical concern letters from her various physicians to the sponsor's attorney via registered mail sometime last year. to-date she is addressing this with the co-op bldg., mgr, over the phone. ever since this horrific situation began all the manager states is "it's in the hands of the board". one other co-op owner neighbor who is also elderly also complained to the sponsors attorney in 3 separate letters also mailed registered mail since he hears it too, and he too is also suffering sleep deprivation and is told the same by building co-op manager "that it is in the hands of the board". so for over a year its in the hands of the board lying in suspended animation completely unaddressed and unresolved. btw the board president is also a realtor and handled the co-operative apartment transaction regarding the offending noisemaker's upstairs co-op apt, (we all wonder isn't this conflict of interest, since this offending upstairs co-op owner paid the board president his real estate commission, and now he refuses to take action against her?
we all thought a board president's job is only to ensure that everyone is treated fairly and no one is discriminated against.. (would appreciate your reply regarding this).
quite a few people also went upstairs to that co-op owner and she says she does not make any noise. the police were called on a few ocassions and heard her. one officer remained in my lady friend's rent. stab., apt., while the other one went upstairs and thru the door could clearly hear that upstairs co-op owner walking on bare floors with the heavy high heeled slippers and she was slamming heavy objects on to the bare floors which caused the surroundings to vibrate. when the policeman knocked on her door she remained silent and woulkd not open the door at all. another time the same thing happened but that time she must of had her television on because the moment the police arrived and she could see them enter the lobby she became silent and remained that way even when they knocked on her door. she never acknowledged them. now the police state she must file against the board of driectors and the landlord for not enforcing the co-op by laws and breach of warranty of habitability & quiet enjoyment, and medical health endangerment issue due to non enforcement of all co-op bylaws..
she did file a harassment complaint with dhcr, and included all of her medical and other documentation and the next door c-op owner also signed the letter and included his documentation as well. the determination stated notice of rejection of complaint of harassment under the grounds labeled 2. "The acts which you allege do not consittute harassment within the meaning of the rent laws, or do not warrant the commencement of an enforcement proceeding by this agency. however, those acts may be basis for another kind of complaint, if indicated in a,b,c,d,or e below. (the owner by the way also failed to furnish our elderly rent stab lady friend with her renewal lease for 2006 even though she called and spoke to the leasing agent 4 times and was told the lease would be immediately sent out to her attention via certified mail,) so she had already filed the complaint that she never received her lease with dhcr before receiving this final harrssement denial determination letter in the mail.
one rent stab neighbor told our lady friend to contact her congressman's office as they do help in these type of situations...another one suggested she sent the notice of rejection by dhcr along with all of her and the next door neighbor's documentation to the attention of the new yors state attorney general's office and also file a co-op complaint against the board of directors and the landlord for non enforcement of co-op bylaws, disregard for life endangerment medical condition due to not enforcing the carpeting and noise by law violations and complications arising form the 24/7 noise violations situation and for negligence upon the part of the landlord for not addressing and resolving the breach of warranty of habitability & quiet enjoyment when she received notification from her attorney over a year ago. (bte the landlord also sits on the board of directors so she was apprised by her attorney as to this entire situation over one year ago but still remains mute). can you please advise what she should do and what steps to take. speak to congressman first and wait to see if he can force the co-op to address and resolve these issues or enclose dhcr rejection letter and all pertaining information and file co-op complaint with state attorney general for new york?
Question home guru: since i am not an expert i may be wrong but i thought that regardless if the building is a co-op or not all landlords were required by law to ensure if complaints are received regarding excessive noise to imemdicately address it and resolve it so not to breach the warranty of habitability and quiet enjoyment which all their tenants are legally entitled to regardless if co-op owner or rent stab. tennants. please advise if this is true.....and if it is true under rent stabalization law isn't the rent stab tenants also entitled to the same protection of warranty of habitability by the landlord and shouldn't dhcr gone after the landlord for breach of warranty of habitability and quiet enjoyment under these circumstances? please advise home guru************** also dhcr marked an X in the other box which says "this office does not address tenant vs. tenant noise complaints unless collusion with the owner can be demonstrated. this agency would not have juristiction to enforce co-op bylaws. you may contact quality of life hotline at 888-677-5433 about this problem....home guru since the landlord is aware the president of the board sells cooperative apartments and reeives realty commission in the same cooperative where he serves as board president and lives (and we believe there is a conflict of interest there, although we may be wrong), doesn't this demonstrate collusion since the board refuses to address and resolve this for over one year but resolves many other complaints with only one phonecall from other residents of the cooperative building? kindly please advise regarding this too....
no one deserves to live like this and pay their rent for over one year and continually suffer emotionally, mentally, and physicially especially to the point where their health and life are at risk**************..also wondering when she does finally receive the lease since she filed with dhcr that it never arrived even though the leasing agent was notified by phone 4 times how long a period of time does she have since eveidently her new lease expires in about 1 1/2 weeks,,,,she was told by another neighbor to keep paying the old rent and just wait for dhcr to contact her and hold the lease and do not sign it until dhcr makes contact with her, and to have the lease checked out against the current lease which is now expiring to ensure nothing new was changed or added****************************please advise about this as well.
again i am so sorry as this i know is quite entailed and i just wanted to be sure to address all important points. please advise if you wish i re-type it (but i think all info. listed is of the utmost importance to paint a clear precise picture of exactly what is going on in this horiffic situation)...but will re-type it again if you so instruct.... and we all thank you home guru**************.for this reply and everything you and everyone has so kindly helped us with in the past. you all rock, and again many thanks.
hi home guru. you have always been helpful in the past and i hope you can also answer this entailed post, and i am giving you plenty background so the picture is clear for you and apologize in advance for the length of the post.if you feel its too entailed please advise and i will try and re-type, but it involves various problems which also include rent stab tenant rights violations, dhcr determination letter, rent stab tenants legal rights, and a host of other issues
.i recently went thru a very similar situation and i have a lovely elderly neighbor on my floor. she does not have the funds to hire an attorney to sue the board and the landlord since she is rent stabilized and also under scrie privileges, but what she is enduring should not be allowed to continue since it is inhumane. she is in her rent stabilized apartment for over 20 years is basically very cordial and quiet. last year a new co-op owner moved in above her and my friend is being kept awake all night long. during the day this upstairs co-op owner is in and out of the apartment, but usually she comes in to stay after 11:00 pm and begins doing house work. she drops heavy items on the floor, slams closet doors, terrace and front doors, kitchen cabinets, and walks on bare wooden floors with some sort of very heavy high heeled slippers. both my wife & and other neighbors have visited since many know that routine all too well, since this co-op building seems not to enforce the cooperative bylaws for any rent stabilized tenants. when offending upstairs lady is active in the apartment both during the daytime hours, at night and in the early morning hours it sounds like a war zone. it is terrible and my elderly rent stab neighbor cannot get any peace or rest , and as a result her health is failing.
she also sent medical concern letters from her various physicians to the sponsor's attorney via registered mail sometime last year. to-date she is addressing this with the co-op bldg., mgr, over the phone. ever since this horrific situation began all the manager states is "it's in the hands of the board". one other co-op owner neighbor who is also elderly also complained to the sponsors attorney in 3 separate letters also mailed registered mail since he hears it too, and he too is also suffering sleep deprivation and is told the same by building co-op manager "that it is in the hands of the board". so for over a year its in the hands of the board lying in suspended animation completely unaddressed and unresolved. btw the board president is also a realtor and handled the co-operative apartment transaction regarding the offending noisemaker's upstairs co-op apt, (we all wonder isn't this conflict of interest, since this offending upstairs co-op owner paid the board president his real estate commission, and now he refuses to take action against her?
we all thought a board president's job is only to ensure that everyone is treated fairly and no one is discriminated against.. (would appreciate your reply regarding this).
quite a few people also went upstairs to that co-op owner and she says she does not make any noise. the police were called on a few ocassions and heard her. one officer remained in my lady friend's rent. stab., apt., while the other one went upstairs and thru the door could clearly hear that upstairs co-op owner walking on bare floors with the heavy high heeled slippers and she was slamming heavy objects on to the bare floors which caused the surroundings to vibrate. when the policeman knocked on her door she remained silent and woulkd not open the door at all. another time the same thing happened but that time she must of had her television on because the moment the police arrived and she could see them enter the lobby she became silent and remained that way even when they knocked on her door. she never acknowledged them. now the police state she must file against the board of driectors and the landlord for not enforcing the co-op by laws and breach of warranty of habitability & quiet enjoyment, and medical health endangerment issue due to non enforcement of all co-op bylaws..
she did file a harassment complaint with dhcr, and included all of her medical and other documentation and the next door c-op owner also signed the letter and included his documentation as well. the determination stated notice of rejection of complaint of harassment under the grounds labeled 2. "The acts which you allege do not consittute harassment within the meaning of the rent laws, or do not warrant the commencement of an enforcement proceeding by this agency. however, those acts may be basis for another kind of complaint, if indicated in a,b,c,d,or e below. (the owner by the way also failed to furnish our elderly rent stab lady friend with her renewal lease for 2006 even though she called and spoke to the leasing agent 4 times and was told the lease would be immediately sent out to her attention via certified mail,) so she had already filed the complaint that she never received her lease with dhcr before receiving this final harrssement denial determination letter in the mail.
one rent stab neighbor told our lady friend to contact her congressman's office as they do help in these type of situations...another one suggested she sent the notice of rejection by dhcr along with all of her and the next door neighbor's documentation to the attention of the new yors state attorney general's office and also file a co-op complaint against the board of directors and the landlord for non enforcement of co-op bylaws, disregard for life endangerment medical condition due to not enforcing the carpeting and noise by law violations and complications arising form the 24/7 noise violations situation and for negligence upon the part of the landlord for not addressing and resolving the breach of warranty of habitability & quiet enjoyment when she received notification from her attorney over a year ago. (bte the landlord also sits on the board of directors so she was apprised by her attorney as to this entire situation over one year ago but still remains mute). can you please advise what she should do and what steps to take. speak to congressman first and wait to see if he can force the co-op to address and resolve these issues or enclose dhcr rejection letter and all pertaining information and file co-op complaint with state attorney general for new york?
Question home guru: since i am not an expert i may be wrong but i thought that regardless if the building is a co-op or not all landlords were required by law to ensure if complaints are received regarding excessive noise to imemdicately address it and resolve it so not to breach the warranty of habitability and quiet enjoyment which all their tenants are legally entitled to regardless if co-op owner or rent stab. tennants. please advise if this is true.....and if it is true under rent stabalization law isn't the rent stab tenants also entitled to the same protection of warranty of habitability by the landlord and shouldn't dhcr gone after the landlord for breach of warranty of habitability and quiet enjoyment under these circumstances? please advise home guru************** also dhcr marked an X in the other box which says "this office does not address tenant vs. tenant noise complaints unless collusion with the owner can be demonstrated. this agency would not have juristiction to enforce co-op bylaws. you may contact quality of life hotline at 888-677-5433 about this problem....home guru since the landlord is aware the president of the board sells cooperative apartments and reeives realty commission in the same cooperative where he serves as board president and lives (and we believe there is a conflict of interest there, although we may be wrong), doesn't this demonstrate collusion since the board refuses to address and resolve this for over one year but resolves many other complaints with only one phonecall from other residents of the cooperative building? kindly please advise regarding this too....
no one deserves to live like this and pay their rent for over one year and continually suffer emotionally, mentally, and physicially especially to the point where their health and life are at risk**************..also wondering when she does finally receive the lease since she filed with dhcr that it never arrived even though the leasing agent was notified by phone 4 times how long a period of time does she have since eveidently her new lease expires in about 1 1/2 weeks,,,,she was told by another neighbor to keep paying the old rent and just wait for dhcr to contact her and hold the lease and do not sign it until dhcr makes contact with her, and to have the lease checked out against the current lease which is now expiring to ensure nothing new was changed or added****************************please advise about this as well.
again i am so sorry as this i know is quite entailed and i just wanted to be sure to address all important points. please advise if you wish i re-type it (but i think all info. listed is of the utmost importance to paint a clear precise picture of exactly what is going on in this horiffic situation)...but will re-type it again if you so instruct.... and we all thank you home guru**************.for this reply and everything you and everyone has so kindly helped us with in the past. you all rock, and again many thanks
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