Q: I live on the 6th floor of a 54-unit co-op building in the West Village. Five years ago, during renovations to the apartment below me, a wall was removed and I was no longer able to connect to the building’s intercom system. It has never been restored. The building’s architect, who is supposed to review and approve all renovations, was apparently unaware of this problem. We notified the building management multiple times to no avail. The regular doorman is aware of problems and calls my cell phone if needed, but misses deliveries and visitors when others are on duty. What should I do?
answer: A functioning intercom is not only a convenience when visitors or food deliveries arrive, but it’s also a legal requirement. Under the state’s multifamily housing law, his buildings with eight or more units built or renovated after 1968 must have a two-way audio intercom system connecting the front entrance to each apartment. The city’s housing maintenance code also requires a functioning intercom.
“As a result, the co-op has a legal obligation to repair or replace the intercom,” said Nancy Corland, a partner in real estate litigation at the Manhattan-based Lasser Law Group.
Additionally, Korland said the court found that the intercom is an essential service and that failure to maintain it violates the warranty of habitability under state law because it affects the habitability and safety of the apartment. Stated.
While you can certainly check for ownership leases, it is highly unlikely that intercom system repairs like the one you describe will be the shareholder’s responsibility. Write a letter to the co-op board stating that the intercom has not been working since 2019 and that it needs to be fixed immediately. If it is not repaired, you can add further action.
If the board does not respond, you can seek repairs by filing a complaint at 311 or by starting an HP case in Housing Court.
Under your own lease, you may be able to withhold maintenance fees until repairs are made. Andrew I. Burt, a senior litigation attorney specializing in co-ops and condominiums at Kagan, Rubik, Lepper, Finkelstein & Gold, says that if a co-op files a lawsuit against you for non-payment, you can’t go broke. He said the intercom could serve as a defense in court. L.L.P.
Andrew Friedland, a partner in Herrick’s real estate practice, says that if the problem is caused by a neighbor’s renovations, the neighbor may be responsible for the repairs, depending on the terms of the lease and the remodeling agreement signed at the time of the work. He said it was possible. . Friedland said if the neighbor is found to be responsible, a claim could be filed against the contractor.
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