Norwood v. 587 Riverside Associates LLC

Pictures

Defendants' Discovery Requests

Notice of Oral Examination: scheduled for July 6, 2005.

Discovery Request: due June 27, 2005.

Defendants' Answer

Answer, sent May 20, 2005.

Addendum

Summons served on defendants

The summons exists as a PDF file here. It was served on May 2, and the affidavits of service were filed with the clerk's office on May 13.

587 Riverside Associates LLC

Named as defendant on Summons, 4/26/05:

587 Riverside Associates, LLC
c/o Katten Munchin Zavis & Rosenman
Attn: Steven Friedman, Esq.
575 Madison Ave.
New York, NY, 10022

According to Mr. Friedman, the company is owned by someone named "Mr. Solomon".

Property Markets Group

Named as defendant on Summons, 4/26/05:

Property Markets Group
5 East 17th Street, 2nd Floor
New York, NY 10003

Phone (212) 610-2800
Fax (212) 230-1557

Known agents:

Wendy E. Sanchez
Director of Management
212-610-2812

Mirtha Quintana
Operations Department (Repairs)
Phone (???)

Jasmine Ferrer
Leasing Administrator

Letter to PMG, 1/26/05: Repairs, Lease Renegotiation

Property Markets Group
5 East 17th Street, 2nd Floor
New York, NY 10003

January 26, 2005
Dear Members of the Property Markets Group,

We are writing to update you on the status of our apartment and to request a face-to-face meeting to work out a mutually satisfactory agreement for the remainder of the lease period. The apartment is still in need of extensive repairs before it can be considered habitable, and we would like to negotiate a workable solution with your company in lieu of initiating legal action to address the problems.

Some repairs have been made since our last correspondence, for which we are grateful. Electricians visited the apartment on Saturday, January 22, and again on Sunday, January 23. They restored power to the bathroom, hallway, and all bedroom light fixtures. They were unable, however, to restore power to one of the bedroom wall outlets or to the kitchen light fixture. In addition, they discovered in the course of their work that the wiring in the apartment is faulty and potentially unsafe: the ground wires in the walls are ungrounded, and other deficiencies exist that seemingly violate the housing code.

The electricians also inspected the ceiling in the southern front bedroom. They did not repair the hole in the ceiling, and they predicted that the sagging wood and drywall might collapse entirely if not replaced. The ceiling problems (fungus, leaks, holes) in the kitchen and the western hall bedroom have not been addressed, and the wet, fungus-infested patches and holes have begun to breed fruit flies.

Finally, in examining standards of habitability, we discovered that additional violations exist in the apartment. The lack of a lock on one of the street-facing windows is a serious security problem. The upper lock on our apartment door, which was in place when we arrived and which requires a key to unlock from the inside, constitutes a fire hazard.

In summary, here is a complete list of the critical problems with the apartment, excluding various cosmetic or non-critical problems (e.g. tiles falling off the bathroom walls, peeling paint):

1.Faulty/unsafe wiring
2.Kitchen light fixture not working
3.Unlocked window in southern front bedroom
4.Partially collapsed ceiling in southern front bedroom
5.Fungus and fruit flies from leak in western hallway bedroom ceiling
6.Leak and falling paint/plaster in kitchen ceiling
7.Front door lock is a fire hazard
8.Wall outlet not working in western hallway bedroom

The extent of these problems suggests that the apartment needs serious repairs and will probably be completely uninhabitable while some of those repairs are carried out. We don't relish the prospect of voiding the lease and moving out in the middle of the year, and we expect that you feel similarly agitated at the prospect of losing rent on the unit for the rest of the year. Accordingly, we'd like to meet and discuss possible plans for effecting the most crucial repairs while we remain in habitation. This would require a renegotiation of the lease. Until such a renegotiation occurs, or until your company begins to meet its lease obligations, we will be withholding rent payments. We are confident, however, that we can swiftly reach a mutually satisfactory agreement with your company and avoid any bad blood. It's important to us that we maintain a friendly relationship with you, our landlords; we realize that these complaints are probably becoming tiresome for you, but believe us when we say that we wouldn't be so vocal in our complaints if the problems weren't so overwhelming.

We would greatly appreciate the opportunity to meet with you in the next two weeks. All of us are free the morning of this coming Thursday, February 3. Please contact Matt Norwood at 347-645-7601 to let us know whether that date and time are acceptable, to propose another meeting time, or to ask any questions you might have. We are grateful for your attention to this matter, and we look forward to working with you.

A copy of this letter has also been deposited with the building superintendent, to keep him up to date on the state of the apartment.

Sincerely,

The Tenants of Riverside Drive Apartment 1C

Sven Sherman-Peterson, PhD

Matthew Norwood

Ayodeji Oyewole

Kevin Whelan

Letter to PMG, 4/7/05: Request for Lease Termination

April 7, 2005

587 Riverside Associates, LLC
c/o Katten Munchin Zavis & Rosenman
Attn: Steven Friedman, Esq.
575 Madison Ave.
New York, NY, 10022

Dear Riverside Associates,

We have been constructively evicted and are forced to move out of apartment 1C at 587 Riverside Drive because of the landlord's conduct. We will surrender our lease, effective May 15, 2005, and all mutual obligations under its terms. We expect a prompt return, before May 29, 2005, of our full security deposit. We also are entitled to recover a substantial amount of the back rent already paid. (We wish we had gotten a performance bond from the landlord, so that we could now recover easily and efficiently). We do expect to work out a satisfactory agreement with you in which we recover a substantial portion of full rent we paid even though the landlord was in breach of the warranty of habitability from the very outset of our tenancy. Please set up a meeting for us within the next two weeks at which you will be prepared to deliver the refund of ill-gotten rent and return the security deposit, payable by bank check. We will also exchange with you at that time general releases. Please call Matt Norwood at 347-645-7601 to set up the meeting and to work out an agreement on the amount of payment by way of rental refund.

In case you need to be reminded of the steps that have lead to this constructive eviction what follows is a brief description of some of the conditions we have been subjected to during the past five months. For your convenience we have also enclosed copies of our previous written communications with Property Markets Group. We have also maintained written and photographic evidence of the situation in our apartment.

The most serious problems in our apartment result from concealed leaks in the walls and ceilings. Huge seams have opened up in the walls and ceiling in our kitchen, bathrooms, and two of our bedrooms. Foul-smelling yellow liquid has poured forth from holes in our kitchen ceiling on several occasions, soaking all of our dishes and cooking utensils, and rendering our food unsafe for human consumption. The plaster on our ceiling and walls has come down in chunks and has rotted away as mold grows from the wet surfaces. On November 4, 2004, a four-inch mushroom grew from one of our bedroom ceilings. These conditions have provided an excellent habitat for bugs and mice in addition to the mold. A hole in another bedroom ceiling revealed soaking wet, damaged support beams which appear to hold up the front of the building. If these were to collapse, the lives and property of dozens of residents would be in danger. Finally, presumably because of the plumbing problems in the building, we have lost the use of our half-bathroom.

The company which manages this building, Property Markets Group, and the building supervisor have failed repeatedly to fulfill their legal obligations to repair our apartment. Despite numerous oral and written requests they have failed to fix the leaks in our walls or ceilings. Instead they have simply covered the leaks with shoddy patches, which inevitably soak through within days or weeks, once again exposing us to foul water, mold, and falling plaster.

In addition to these problems, on January 11, 2005 we lost electricity in our kitchen, two of our bedrooms, and our bathroom. Although we notified the building supervisor the next day, electricity was not restored until two weeks later and only after we had contacted Property Markets Group by letter and phone to inform them that we would withhold rent until they met their legal obligations to us. During the repairs it was discovered that the electrical wiring in our apartment is not done to code, and that electricity cannot be restored to part of one bedroom.

In the course of attempting to address the repeated problems with our apartment we have had occasion to discuss our situation with other clients in the building. These discussions have brought to our attention that numerous other apartments are afflicted with similar problems including concealed water leaks, falling plaster, vermin, and other serious violations of habitability. According to the New York City Department of Housing Preservation and Development, this building has over two dozen housing code violations so far this year alone. In situations in which a landlord refuses to make repairs, a court in New York can use article 7A proceedings to appoint a receiver to receive and administer the rent monies and make repairs.

We have been very patient and have tried to work with Property Markets Group and the building supervisor to secure repairs to our apartment. Our patience has been met with stonewalling, deceit, and the complete failure to return our apartment to a habitable condition. We look forward to reaching a mutually satisfactory arrangement with you.

Sincerely,

The Tenants of 587 Riverside Drive Apartment 1C

Sven Sherman-Peterson, Ph.D.

Matthew Norwood

Ayodeji Oyewole

Kevin Whelan

Cc: Property Markets Group, 5 East 17th Street, 2nd Floor, New York, NY 10003

Letter to PMG, 1/18/05: Request for Repairs

January 18, 2005
587 Riverside Associates, LLC
Property Markets Group
5 East 17th Street, 2nd Floor
New York, NY 10003

Dear Riverside Associates and Members of the Property Markets Group,

We are writing to inform you that you are in violation of your legal obligations to us as tenants at 587 Riverside Drive Apartment 1C and to request immediate repairs to our apartment. If these repairs are not made, and you continue to violate the warranty of habitability, we will take legal action. We will not pay rent for an apartment that is not habitable. If you are unable to meet your legal obligations to us, we suggest that the lease agreement be terminated. We also reserve our right to seek restitution for the rent we have paid while the apartment has not met the legal standard of habitability.

There are three sets of repairs that need to be made to our apartment. First, the electricity has failed in two bedrooms, the bathroom, and parts of the living room and kitchen. The problem developed during the early morning hours of Tuesday, January 11, 2005 and we informed the Super of the problem that day. We also discussed the problem with him on Wednesday, January 12th and we contacted him again on Sunday, January 16th. The Super promised to fix the problem on Tuesday the 11th, and on Wednesday the 12th he claimed to have contacted the office regarding hiring an electrician. Despite these promises no action has been taken and we remain without electricity. The failure to fix our electricity is not only illegal, but also creates a potential threat to our lives and property and that of all the other tenants in the building.

Second, due to water leaks parts of the ceiling in the kitchen and in the bedroom between the kitchen and bathroom are rotten, covered in mold, and are in danger of collapse. We have photographs taken on Thursday, November 4, 2004, of a three-inch mushroom which grew out of our ceiling. The ceiling problems first developed on November 4, 2004, and the Super was contacted on Saturday, November 6, 2004. He promised to correct the problem within a week, but it has now been two months and the problem has not been corrected. We enclosed a letter informing you of this situation with our rent check on December 3, 2004 but you have failed to have repairs made. Plaster has fallen from the kitchen ceiling, water has leaked through, and mold and bugs are growing in the bedroom ceiling. This situation is completely unacceptable and represents a violation of the warranty of habitability.

Third, some of our windows facing Riverside Drive do not lock, and have not locked since we entered the apartment. We informed the Super of this upon occupancy of the apartment. He promised to correct the problem, but as yet has done nothing. This is especially troubling for the security of the apartment seeing as we live on the first floor, and the windows are easily accessible from the street level, increasing our vulnerability to trespassing, burglary, robbery, and assault.

Please correct the situation in our apartment by January 24, 2005. If you have further questions, you can contact Sven Sherman-Peterson at 646-825-0548. We look forward to working with you.

Sincerely,

The Tenants of 587 Riverside Drive Apartment 1C

Sven Sherman-Peterson, PhD

Matthew Norwood

Ayodeji Oyewole

Kevin Whelan

Letter to PMG, 12/3/04: Tunde's Room

December 3, 2004

A. B. Oyewole
587 Riverside Drive
Apartment 1C
New York, NY 10031

587 Riverside Associates, LLC
5 East 17th Street
2nd Floor
New York, NY 10003

To: 587 Riverside Associates, LLC
Subject: Water Damage, Fungus, and Spores

There is a water damage issue in the second bedroom from the entrance, which—in spite of the superintendent’s promises—has only gotten worse. Beginning around early November, I noticed some slight discoloration on the ceiling in a corner of the room. Shortly thereafter, much to my consternation, a mushroom began to grow out of that area of the ceiling. The superintendent came to inspect the problem, promised he would take care of it that week, and has not returned since. Today, fungus continues to grow, I just cut down another mushroom, and the discoloration remains. The softness of the sheetrock in that area makes me fear that the problem could be even worse than it looks. Your immediate attention would be appreciated. Thank You.

Sincerely,

A. B. Oyewole
Columbia Law School, 2006