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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Unhappy Landlord is Going to Shut Off Water Due to Storm Damage, Power Outage

    My question involves landlord-tenant law in the State of: New York, specifically NYC

    My brother has an apartment in Queens without a lease where most of my family is now staying after Hurricane Sandy devastated all of their homes. He has no central heat (oil burner destroyed) and no electricity with no fix on the horizon, but he does have running water. My family is living there running a generator and propane heat in order to survive while they wait for FEMA and the insurance companies to make decisions on their other dwellings.

    My brother's landlord is saying he is going to come to the house and shut off the water on Thursday because of the Nor'Easter that is coming in may freeze the pipes in the house. If he does this, my family is truly in trouble as they will not have access to ANY dwelling with running water!

    I think that since he pays rent and lives in the apartment he has an implied lease that grants him legal protections against this kind of action. Can anyone please help me in pointing out any relevant information, laws or other advice that I can provide to my brother in order to have him stop his landlord from doing this? Their health and wellbeing is at stake here.

    Edit note: He has plenty of fuel and can keep the whole place warm to stop the pipes freezing. Its a two floor house, the bottom floor was basically flooded out but his second floor apt was untouched.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Landlord is Going to Shut Off Water Due to Storm Damage, Power Outage

    The landlord is apparently making the determination the apartment is uninhabitable, due to flooding, lack of electricity and heat. Your brother is entitled to the balance of his rent refunded. The landlord is not responsible for a natural disaster. Find another place to live.

  3. #3
    Join Date
    Nov 2012
    Posts
    17

    Default Re: Landlord is Going to Shut Off Water Due to Storm Damage, Power Outage

    Quote Quoting Leiawen
    View Post
    My question involves landlord-tenant law in the State of: New York, specifically NYC

    My brother has an apartment in Queens without a lease where most of my family is now staying after Hurricane Sandy devastated all of their homes. He has no central heat (oil burner destroyed) and no electricity with no fix on the horizon, but he does have running water. My family is living there running a generator and propane heat in order to survive while they wait for FEMA and the insurance companies to make decisions on their other dwellings.

    My brother's landlord is saying he is going to come to the house and shut off the water on Thursday because of the Nor'Easter that is coming in may freeze the pipes in the house. If he does this, my family is truly in trouble as they will not have access to ANY dwelling with running water!

    I think that since he pays rent and lives in the apartment he has an implied lease that grants him legal protections against this kind of action. Can anyone please help me in pointing out any relevant information, laws or other advice that I can provide to my brother in order to have him stop his landlord from doing this? Their health and wellbeing is at stake here.

    Edit note: He has plenty of fuel and can keep the whole place warm to stop the pipes freezing. Its a two floor house, the bottom floor was basically flooded out but his second floor apt was untouched.
    Sandy was the act of God. Something that is beyond control of normal settings. On top of this is another storm. You have to understand that the LL has no way of knowing if you will keep the generator running 24/7 or less to preserve the fuel to keep cost of gasoline down. You might just turn it on long enough to break the chill and shut it off.

    If LL has not said anything about the extra people living in the place, you should be thankful. He has every right to ask for rent. But he is being more considerate in this situation.

    Advice would be: Have him sign a letter from YOU or BROTHER stating that YOU WILL BE LIABLE for any or all damage to pipes during the time the whole family is living there and from the approaching storm and from Sandy. If you are really concern about the family health and well being, then this is your answer.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord is Going to Shut Off Water Due to Storm Damage, Power Outage

    I would be surprised if the unit would be deemed habitable under the circumstances you describe; certainly not if there's also no water. Is your unit the subject of an evacuation order?

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