Q: I live on the top floor of a co-op in New York City and have a small terrace. Every five years, when repair work is scheduled under Local Law 11, the contractor installs caution tape, winches, ropes, and scaffolding. The board has not been alarmed and the current repairs have dragged on for more than a year. You can’t access or enjoy parts of the apartment you’re paying to maintain. The co-op’s exclusive lease states that access to outdoor space must be provided as needed, but this has become excessive. As a shareholder, do I have the right to limit access or the amount of time this equipment is on the terrace?
A: Local law requires 11 inspections and necessary repairs every five years for buildings over six stories. This law was enacted in response to fatalities and injuries caused by objects falling from abandoned facades. The board must abide by the law, even if it inconveniences residents.
Checking the co-op’s governing documents was the right first step to determining whether access to the terrace was permitted. You can also check to see if they offer compensation if you are restricted from using your apartment completely, says Debra J. Gusoff, a Manhattan real estate attorney.
In this case, it is not clear whether you are entitled to a reduction in maintenance fees. Board allowances and calculations for such compensation depend on the wording of the proprietary lease, the board’s desire to establish cordial relations with shareholders, financial conditions, building precedent and case law, Gusoff said. Ta.
You can also request that part of the terrace be used during the work, or urge the board to find another location to install the necessary equipment. You can also lobby the board to ensure that labor contract schedules are adhered to.
A more aggressive approach is to hire a lawyer to write a demand letter and, if that fails, file a lawsuit. But know that the courts will usually only side with the tenant in matters like yours in extremely unreasonable circumstances. Manhattan real estate attorney Stephen D. Sladkas says a year may not be an unusually long time for major facade repairs.
“The board has to do that to comply with the law,” Sladkas said. “We’re not intentionally causing trouble. It’s part of communal life.”
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