QUESTION

do co op reno's involving removal of plaster walls down to studs require legal permits and co op approval? R co ops required by law to keep records?

Asked on Feb 16th, 2017 on Landlord and Tenant Law - New York
More details to this question:
I'm in a classic stereo noise battle with a new neighbor. All diplomatic avenues have been exhausted. The problem is that even at what would be considered low, reasonable levels, bass and other low frequencies are still enough to drive me crazy. The problem is exacerbated by the fact that I am in a studio; no other rooms to escape the sound and wait it out. Furthermore, my neighbor is a bona fide audiophile and his music is on every single day. Two tenants ago did a renovation. They removed all the plaster and lathe down to studs to include the wall dividing our apts. The wall is his living room, where his speakers are. If the renovation wasn't authorized and legal would the co op be responsible? I also learned that the apartment had an illegal washing machine installed which when used produces an incredible, deep, low, vibrational electric motor "hum" in my apartment. The super always does things illegally here "on the take."
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Excessive noise from your neighbor may be breaching the warranty of habitability in your lease- and it is the job of the co-op to handle it. Put your complaints in writing to the board, and demand that the board and management company take action against your neighbor. It is the co-op's job to ascertain what if any illegal renovation is going on, and to stop it, and to ensure that you are not disturbed by your neighbors, whether or not the renovation is legal or illegal.  You may be entitled to a rent abatement from the time  the co-op was put on notice of the problem - so if you have not already done so, put it in writing. If all else fails, stop paying your maintenance and let the co-op take you to court, or start an action against the co-op for a rent abatement for breach of warranty of habitability and the covenant of quiet enjoyment- which is implicit even if not spelled out in EVERY lease.
Answered on Feb 20th, 2017 at 9:11 PM

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