Submitted by bluebird8675 t3_zbjlxo in nyc
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Comments
Puzzleheaded_Toe5160 t1_iyrxe02 wrote
Former smoker here. I used to smoke on the patio of my apartment, not thinking much of it, until my neighbor stepped onto her patio and let me know the smoke was getting into her apartment. I was mortified I hadn’t realized that and quickly agreed to find a new spot. Not everyone is so accommodating for sure, but I can confirm that sometimes we’re just oblivious and need redirecting.
hartguitars t1_iyrfcya wrote
Call 311
bittinho t1_iyrfgh4 wrote
Yes they will sue you if they didn’t agree to reimburse you (which they won’t) and you will need to prove a breach of the warranty of habitability to get a rent deduction. IMO not worth the fight for a 10% deduction in rent if you’re lucky. If the filters work just use them and eat the cost.
BiblioPhil t1_iyrg7gp wrote
Nah fuck that, fight your landlord. Blow up their phone at the very least.
Contact the NY State bar association if you think you might need a lawyer. Or if you have MetLaw or some other legal coverage or know a lawyer, get them involved. Let's not set a precedent of rolling over and playing dead.
[deleted] t1_iyrhwez wrote
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bittinho t1_iyris4f wrote
Have you ever been sued in housing court? First of all its a housing court matter not small claims and you face eviction. As someone who has spent my last 25 years in nyc housing court it is like the 7th circle of hell. It’s not fun or easy for anybody. Who wants to take multiple days off of work to fight over a few hundred dollars of a rent abatement? Not to mention the immense stress of litigation and a potentially adverse decision.
LouisSeize t1_iys8arq wrote
> As someone who has spent my last 25 years in nyc housing court
Doing what?
TheNormalAlternative t1_iyrkkx4 wrote
Suing your LL is better than getting sued for withholding rent, which can also affect your credit score
ihatetheclub t1_iyro3pp wrote
You can’t deduct the smoke from your rent lol
_neutral_person t1_iyriv9r wrote
You could add to the chaos. How do you feel about charcoal BBQ in the hallway?
Abtorias t1_iyrnh3o wrote
I agree with this person. I have a situation with some rowdy neighbors keeping me up late at night and super and landlord don’t care. My Solution? I started waking all of them up with speakers taped to the ceiling blasting obnoxiously loud Dubstep.
Fuel the chaos OP.
TinyTornado7 t1_iyro9sl wrote
What does your lease say in terms of smoking
tamwafle t1_iyrzixz wrote
Just withhold it and explain to them why you’re doing so. Unless they’re psychotically litigious they won’t sue, it’s not worth anyone’s time or money. I guarantee it’ll get their attention though.
againblahisnothere t1_iys2yzs wrote
call 311 or contact the DOB. Make sure you have the smoke policy of your building to reference. Any residential building with more than three units needs to have one. There’s prob a line in your lease stating the building is smoke free and there should be signs in your building too. Chances are the landlord would get fined for allowing them to do that, which may finally cause him/her to spring into action.
Have you had the chance to speak with your super about this? He or she might know the people and can prob speak to them if you’re not comfortable.
cheetahgirl666 t1_iysop92 wrote
I had neighbors in my old apartment building that did that. Landlords always told us they were trying to evict them (for that and many other reasons). Nothing ever happened. Hope you actually find a solution!
Chewwy987 t1_iyswayn wrote
There’s little landlords can do to curb a nuisance especially with the tenant friendly housing laws. It takes a really long time to evict in nyc that’s if you can even evict them Eviction of the only solution and’s that would be upwards of a year to 3 years and that if OP e we ny to testify in courts on behalf of the landlord.
cheetahgirl666 t1_iytx5o1 wrote
Yeah our old landlords kept promising us they’d be out in two months for almost a year. Once we did some research we realized that would not be happening so we moved out early to get out of the situation bc it became dangerous. We signed a paper with a statement that we moved out bc of our neighbors that the landlords will show in court when the time comes.
Chewwy987 t1_iytzkks wrote
Thst was nice of you this is the smart thing to do, everyone thinks that landlords have move powder and control then they actually do
[deleted] t1_iystwmu wrote
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TheNormalAlternative t1_iyrhc0e wrote
Contact your landlord every day and threaten to sue them in LL/T court for breach if they don't fix the issue
1600hazenstreet t1_iyrxl0b wrote
Don’t forget to file suit against your smoking neighbors also.
Hairy_Necessary6700 t1_iyrk0qg wrote
This happened in our old building. Call 311. File housing complaint. They’ll notify landlord. But also, if you know your neighbors ask em to smoke outside. I did, and sometimes they just need redirecting. They knew we had a newborn. So they were actually polite about it.