Q: I personal an condominium in a big Midtown condominium. Due to a fuel leak, Con Edison shut off fuel to the constructing, so residents can now not use their fuel ranges or fuel dryers. The condominium affiliation is working to find and proper the issue, which may take as much as a 12 months. The board equipped every unit with a scorching plate and has given us reductions on wash and dry by means of the constructing valet. I pay $3,500 a month in frequent costs for 2 bedrooms and a scorching plate. Is that this not a discount in service? Shouldn’t we get some form of concession for the inconvenience?
A: Till Con Edison is definite that the leak has been repaired, it is not going to restore fuel to your constructing. Within the meantime, residents forgo this fundamental service.
It feels like your condominium board is doing its half to repair the issue. If it weren’t, you’d have the legislation behind you: The New York State A number of Dwelling Legislation requires each constructing proprietor (together with condominium associations) to supply residents with fuel or electrical energy for cooking. So in case your board wasn’t assembly the duty, you would report the scenario to 311 or begin what is named an HP proceeding in housing court to power motion.
As for monetary treatments to reduce the inconvenience of life with out fuel, tenants in rental buildings (notably rent-stabilized tenants who’ve huge protections of their leases) can request hire abatements on the grounds that their fundamental providers have been diminished. However you personal your condominium, so totally different guidelines apply.
“You don’t stay in a rental constructing — there may be not a landlord who’s going to present you a rental abatement,” mentioned Leni Morrison Cummins, a lawyer and the chairwoman of the condominium and co-op group within the Manhattan workplace of the legislation agency Cozen O’Connor. “You’re an proprietor and you might be proportionally chargeable for your share.”
You may need to use this chance to think about switching your home equipment from fuel to electrical, a course of that might contain capping your fuel line and will require the recommendation of an electrician and enter out of your condominium board. However it could get your condominium up and operating once more, and could be in keeping with town’s long-term aim to maneuver away from fuel dependency.
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