New York City Landlord Air Condition Law

New York City Landlord Air Condition Law – Community Corner How to Avoid New York City’s Air Conditioning Nightmare When buying an air conditioner in New York City, there is a worry that it will fall out of the window. Here’s how to prevent this.

NEW YORK – The sweltering summer heat in New York can be unbearable, but so can the anxiety that comes with buying air conditioning. How exactly does it fit in the window? What happens if it breaks free and hits the ground? Who pays if it lands on a car – or worse, a passerby?

New York City Landlord Air Condition Law

New York City Landlord Air Condition Law

Luckily, the worst-case scenario is fairly rare — the city’s building department says there has only been one case of a dropped air conditioner in the last five years, although the department is usually only notified when an injury has occurred.

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“When installing a window air conditioner, we encourage New Yorkers to follow the manufacturer’s installation instructions,” DOB spokesman Andrew Rudansky said in an email.

New York City Landlord Air Condition Law

According to the DOB, New Yorkers don’t need a permit to install a conventional air conditioner unless it’s larger than three tons or operates at more than 36,000 BTUs per hour. However, the department recommends obtaining housing authority approval and ensuring the window is in good condition before installing it.

If you’ve settled on a machine to blow you with icy air, don’t skip steps to get it safely in place. Many of the units are heavy enough to require brackets to attach them to the side of the building, Rudanski said. DOB also says you should use secure items to maintain AC levels and prevent vibration, wind, and other conditions from moving it.

New York City Landlord Air Condition Law

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A bad installation can force your cooler to take the leap of faith. It happened on June 2, 2016, when an air conditioner fell from the second floor of a building on East 105th Street in Manhattan, hitting a construction manager who, according to the DOB, was standing on the sidewalk below. The injured Superman was taken to the hospital, the department said.

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Such an incident could cause headaches for both renters and landlords, according to real estate attorney Dean M. Roberts.

New York City Landlord Air Condition Law

“If the air conditioner goes out and they ask for damages, everyone gets sued,” says Roberts, who practices at the law firm Norris McLaughlin.

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Liability begins with the air conditioner owner, Roberts said, but anyone who is injured or has their property struck by the falling machine is likely to pursue everyone involved. That would include both the landlord and the supervisor if he or she installed the unit, he said.

New York City Landlord Air Condition Law

“If there’s a lawsuit, everyone will be named and the court will figure out who’s on the hook,” Roberts said.

The Department of Construction also smacks property owners with infractions if an air conditioner falls out of a window or is found improperly installed, Rudanski said. He said that reinforcing the window block with blocks of wood or bricks is one of the most common reasons for the injury.

New York City Landlord Air Condition Law

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“This hazardous condition can pose a real threat to the public, as items under the air conditioner can easily detach and fall onto the sidewalk below,” Rudanski said.

Even if the landlord is fined, apartment leases typically contain provisions that hold tenants accountable for damage or violations stemming from their air conditioners, Roberts said.

New York City Landlord Air Condition Law

Roberts said New Yorkers can protect themselves from a big hit to their wallets by purchasing renters insurance. While renters can’t be compensated, insurance would cover damage or injury, he said, “if you throw something out the window because you’re mad at your girlfriend, or if you put it up with a rubber band.” My partner and I rent an apartment at market price with built in heating and air conditioning but the air conditioning component is not working. The air conditioning repairman informed us that the unit is 20 years old and rusted and if not replaced will likely invade our apartment and the apartment below. He said the replacement would cost $1,800. The landlord refuses to exchange the device because he is not responsible for the air conditioning, but only for the heating. Our apartment will be unbearable without air conditioning this summer. Who is responsible?

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With July and all the heat it brings in less than a week, I can understand why you would want a working AC. To find out if the landlord needs to repair or replace the damaged item, read the rental agreement again. See if that says anything about who is responsible for the air conditioning, said David E. Frazier, an attorney representing the tenants. A rental agreement can be a burden for your landlord, but also for you as a tenant.

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New York City Landlord Air Condition Law

It might as well say nothing about air conditioning. If this is the case, you could argue that the air conditioning was already installed when you moved in, which is implicit in the service package of your lease. They can also claim that a broken air conditioner is causing unbearable heat, which violates the livability guarantee that is state law.

But how do you practically get the landlord to fix the problem? You could sue him to enforce your rights, but that comes at a high cost. “The legal costs of suing the landlord will certainly exceed $1,800,” Mr. Fraser said. And that’s not the only price you pay. Let’s say you take him to court and win. He fixes the air conditioner and when your lease expires he doesn’t offer you a new one which is his prerogative as you are a standard renter.

New York City Landlord Air Condition Law

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Instead, consider using air conditioning as a negotiating tactic. Offer to pay $1,800 to replace the unit in exchange for a new lease at the same rental rate. A year without a rent increase can screw up a handyman’s bill. It would also guarantee another year in a cooler apartment.

I am a rent-stabilized tenant in a cooperative building. Recently, at the request of the cooperative board, the porters asked my overnight guests to register, even though I was at home. Nothing in my lease requires it. Is this legal and can I and my guests object to this?

New York City Landlord Air Condition Law

As a rent-stabilized tenant, you are bound by the terms of your lease and the Rent Stabilization Act, not the rules of the cooperative, said Andrew J. Wagner, a Manhattan real estate attorney.

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The cooperative is not your landlord; who owns the apartment And your agreement with your landlord is listed on your lease, so you don’t have to conform to co-op rules. For example, if your lease allows pets and the building prohibits pets, you would be exempt from this rule, Mr Wagner said. In this case, you could argue that your guests don’t have to sign the ledger because your lease doesn’t require it.

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New York City Landlord Air Condition Law

But be prepared for rejection. The board may view your objection as undermining a rule designed to protect the safety of residents and the building. Other people living in your building, including tenants, may feel safer knowing guests are being monitored. One way to ensure security is to require all guests to provide identification.

And if you refuse to comply and the cooperative board takes you to court over the matter, the judge may not understand your plight. Instead, the court could find that compliance with this new rule will not cause you hardship or jeopardize the terms of your tenancy, but will ensure the safety of residents. “I could easily see a judge enforcing the policy against the renter as a reasonable security measure,” said Mr. Wagner.

New York City Landlord Air Condition Law

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I am interested in investing in real estate to diversify my portfolio but cannot afford to do so myself. I have a few financially responsible, like-minded friends who have expressed interest in investing with me, perhaps in a neighborhood like Hudson Heights or Jackson Heights. Is it a good idea? And how would we set it up from a legal point of view?

It’s no secret that buying real estate in New York is expensive. Going with friends could definitely cover part of the cost. But a business relationship is different from a friendship; it can be much more intimate and sometimes fuller. Make sure you know your partners before signing documents.

New York City Landlord Air Condition Law

Are your friends interested not only financially but also your temperament? What about your risk tolerance? If you are planning to rent out these properties, how much should everyone be involved? Do you have the same goals for the property?

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Before you start looking for a property, you need to agree on the intricacies of your investment and how to deal with any unforeseen problems. “Having partners can complicate investment management because every decision must be made in accordance with your agreement,” said Andrew B. Friedland of Manhattan.

New York City Landlord Air Condition Law

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