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My wife and I live in a rent stabilized apartment. I moved into it in 1992 and she in 1994. Recently, we both have developed serious, life threatening illnesses. I believe our conditions result from the apartment, specifically, its poor air quality, the dust and dirt from new building construction in front, in back and to the sides of where we live, and/or the very old wall-to-carpeting that has been here since the beginning. I have come to the unscientific conclusion that something needs to be done. But what? For instance, could we negotiate a settlement with the landlord to buy back our lease, then use this sum as collateral to purchase a home, or should we file law suit for our pain and suffering as a result of these perceived health hazards? Thank you any advice.
You might want to see both a Doctor and a Lawyer about your possible health problems and whether you have any legal options. (Most local attorneys will do consultations for $25, some solo attorneys might even do one for free).
I'd be somewhat wary about letting your landlord know that you want to get out of the building. In most instances wehre I have heard about buyouts it has been the other way around (landlord wants the tenant out of the apartment).
I just accepted a "buy out" and left. Sometimes landlords will approach you with an offer, however, more often they will attempt to evict you with some bogus lawsuit to try and wear you down so you will eventually accept less to move. They will usually make their best buy out offer right before walking into court as a settlement. That is what my landlord did. I wanted out anyway, so it ultimately worked out for the best for me, but I see a lot of old-time New Yorkers in my neighborhood losing their apartments because they can't afford to get good representation. Their are a lot of bad tenant attorneys out there and the good ones require a large retainer.
I suggest you float the idea to your landlord that you would be willing to accept a buy out offer, however, be VERY careful. Some landlords will take this as some sort of evidence that you have a residence somewhere else and try to bring a nonprimary residency hearing against you. Landlords are using everything and anything in their power to evict rent stabilized tenants. They might not have a case (mine had a ridiculous case with absolutely no merit), but that is not the point. They hope to wear you down so you will want to move. Also, if your landlord senses you are desperate to move they will low ball you on the offer. They also count on your not being able to afford good representation and gamble that you will lose on some stupid technicality; New York City housing laws are very specialized. Be prepared that landlords are entitled to all sorts of pre-trial discovery documents regardless of the merit of their case. It is highly invasive of your privacy. If you plan on taking your landlord to court most good tenant attorneys require at least a $5,000.00 retainer.
Before approaching your landlord ask around in your building to see if other tenants have been bought out and get an idea of what your landlord is willing to pay (if anything). Your landlord is under no obligation to buy you out although it often makes good business sense since their are so many sheople willing to pay the insane rents being charged. You might want to go to housing court and research other cases involving your landlord and see if they were settled and for how much. The "buy out" is often in the form of a "settlement." Also, be prepared to leave the New York City area if you do eventually settle with your landlord and move. Anything you get will not go far in today's NYC housing market, especially if you want to buy a house.
While I am sympathetic to your plight and would normally suggest that you contact a lawyer, I guess I'm not really sure what your complaints against the landlord are.
What does your landlord have to do with new construction nearby? Are they his buildings too?
And if feel the carpet is to blame for serious health problems, I really can't understand why you wouldn't have already addressed that issue - i.e. having it removed, even if it costs you a few hundred dollars (or even a thousand). What is your health worth?
Most people who rent, when they are confronted with quality of life issues that are not perpetrated by the landlord, will simply move (say, to an outer borough where there is less new construction, or even to a different state).
I would have more sympathy for your plight if you said that your landlord was, for example, not providing adequte heat in the winter, not providing adequate exterminating (roaches and rats carry disease), not addressing black mold issues, allowing drug dealers to set up shop in the building etc.
But I think that simply having dirt from nearby construction and having an old carpet do not entitle you to a buyout.
I doubt that you've acquired a life-threatening illness from anything that's the landlord's fault. If you're concerned about your health, then I'd suggest you simply find another place to live. Trust me, someone else will be more than happy to take over that rent-stabilized place, construction dust notwithstanding .....
I most appreciate your advise and ideas. You have given me the information I was seeking to come to a decision. As you point out, there are many variables involved and pinpointing blame could be a costly legal endeavor at best. I've decided to have the indoor air quality tested by a reputable laboratory to learn more about our situation. I will also attempt to investigate the history of our building with respect to the situation posed. I checked the "Rentometer" and found that what we are paying for rent is well below the market value for the area. With that in mind, I will have the old carpet removed as soon as possible and not think twice about it. Again, you thank you for wise and thoughtful comments.
of course the worth of buying out your lease is dependednt on alot of things.. if you are a fairly recent tentant your rent may be just slightly under market if at all. in that case its not worth anything to buy you out....
if the apartment is a co-op rental and your the origional tenant and the apartment becomes deregulated and saleable it could be big bucks.. we pay 50,000 in that case and sell the apartments but we are talking 1 million plus apartments..
if your apartment is very close to 2,000 bucks a month rent and the landlord can raise it over 2,000 if you vacate and get the apartment decontrolled it can be worthwhile
if the landlord is content with rent levels then it may be worth nothing to buy you out. he will just wait until you die or move on your own.
every situation is different,just because you hold a stabilized lease dosnt mean you hold anything negotiable
a tenant can ask if theres any incentives being offered to sign a lease termination agreement or incentives for not renewing...
we periodically send notices out that we have a standing offer on the table to buy out leases that are well worth it but then we sell the co-op apartments after the tenant moves out
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Dear Longestjourney and other responders . .
