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Is it building's responsibility to provide temporary apt to my mother? Does she have to still pay rent if not living there?

Flushing, NY |

My mother's apt had fire on Sunday. Fire marshal and building's insurance agent came out on Monday to investigate. Mother thinks cause is electrical outlet that had water damage which maintenance did not get around to repair. I asked the building manager for temp apt for her to stay. Manager keeps telling me that he's waiting for main office to authorize and need to check with legal. Mother does not have rental's insurance. She does not have money for extended stay at a hotel. On Wednesday, mother stopped by to pick up some things but she was not able to enter because lock was not working. She was not informed of this so she packed light the day before expecting to come back to get things as needed.

Attorney Answers 2

Posted

Your mother's landlord is not required to provide her with a temporary apartment while hers is being repaired. She should contact building management about getting access to remove belongings. She should also immediately go to Housing Court and initiate a case called an HP Proceeding against the landlord in order to get repairs made to the apartment as expeditiously as possible.

If your mother is a rent stabilized tenant she should file a reduction in services complaint with the New York State Division of Housing and Community Renewal. This will protect her right to return to the apartment once it is repaired and reduce her rent obligation to $1.00 per month during the period of time she is unable to live in the apartment. You can find the complaint form here:

http://www.nyshcr.org/Rent/factsheets/orafac14.htm

http://www.nyshcr.org/Forms/Rent/ra81.pdf

The above constitutes general information only and should not be considered legal advice.

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Posted

While I am not necessarily disagreeing with Mr. Bianchi, I want to point out that unless/until an attorney reviews your mother's lease, it's impossible to know for sure whether the landlord is obligated to put her up (unlikely but possible).

I'm just 3 "helpful" answers away from a free toaster-oven! I may be guessing or not licensed in your state. No atty/client relationship exists.

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