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WTC disaster Lower Manhattan rentals (Real Estate & Property Law)

Tue, 02 Oct 2001 17:27:00 GMT
Tags: along, attacks, disaster, estate, law, manhattan, property, real, rental, rentals, situation, thousands, trade, unexpected, wtc

Because of the attacks on the World Trade Center I am in an unexpected rental situation, along with thousands of others in lower Manhattan, and in need of some advice.
The quick scenario:
My apartment is still standing and in pretty good shape but is on the edge of ground zero (150 feet approx). Currently there is very limited access by police escort with no timescale given by the City of New York or the building management about if or when we will be able to return. Many of us (including myself) were home at the time of the attacks and were witness to some horrific scenes and feel that to permenantly return would be an emotional challenge. Especially as the view out of the window is the remains of the World Trade Center. There is also the environmental concern of living in a 24 hour a day work site where abestos levels have been recorded (by the health dept.) above government regulations.
The Question:
Do I have reasonable grounds to break my lease? If so how do I go about it and can I do it effective immediately or do I have to wait for FEMA and other government agencies and insurers make some kind of ruling on compensation.

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  • Comments
  • Wed, 03 Oct 2001 12:38:00 GMT(1)
  • Contact your State Consumer Protection Office and FEMA.
  • Wed, 03 Oct 2001 13:48:00 GMT(2)
  • Sublet it to me, I would be happy to take over the lease.
  • Sat, 06 Oct 2001 06:11:00 GMT(3)
  • Your post illustrates an extremely unfortunate situation. Please, as I share my opinion, do not think that I don't sincerely appreciate your viewpoint.
    There are pretty much only two reasons to legally break a lease. Your landlord did something wrong or you do not have "quiet enjoyment" of your residence.
    Everything you say does not seem to imply that your landlord did anything wrong. He is a victim of what happened just as much as you are. Absent something more, this part will probably not prevail.
    Disclaimer. From discussions with many other landlords, I have come to realize that NYC judges just plain don't like landlords. If this ever were to come in front of a judge, there is a (unfortunately) reasonable chance that the judge would ignore written law and cut you some slack.
    "Quiet enjoyment" has nothing to do with noise. It the legal phrase that simply means that you have easy access to your residence. In other words, you can go to your apartment without any unreasonable access restrictions or without any limitations on your using the apartment. This is why, when a tree crashes through the roof, you can break a lease if the landlord does not quickly fix the problem. Or, you should not be expected to go through a gauntlet of street gangs to get to your apartment.
    Unless, very rarely, your landlord guaranteed asbestos levels, you'll not be able to use that to break a lease. Since he did nothing to cause this issue, he is released from liability, in most instances. (See disclaimer above, though.)
    The disaster may have caused your apartment to be in the same status as an apartment which has sustained fire damage, for example. In these instances, though I feel greatly for the landlord, you are released from your contract (lease) because of the inability to "enjoy" all portions of your residence. If, in truth, this is your situation, you'll probably be upheld if this ever goes to court.
    So, an important consideration, is what, exactly, is your limitations on using the apartment. If you are prohibited from reasonable access, or if utilities have not been re-established because of the disaster, then you have a possible cause to get out.
    By now, there is probably better guidance available from local resources, based on case specific facts. Possibly through FEMA. Contact these resources. We, many miles away, don't have the latest, greatest resources available.
    Dont be surprised, though, if your landlord, facing total loss of rental income, tries to put forward an alternate view.
    Good luck.
    Gene
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