THERE IS ALWAYS AN ANSWER, AND SOMETIMES THE ANSWER IS “NO.”

              A favorite refrain of so many clients, after I discuss their options with them, is to answer,

“So, I have no choice, right?”

              No, you always have a choice, and there is always an answer.  You may just not like the answer.

              I recently read this article, from a tenant complaining of having his windows sealed for an indefinite period of time.  Is the landlord an evil creature, intent on depriving the tenants of sunlight?  Is this monster trying to force these tenants into a Morlock-like underworld of darkness?

Well, no.  The article makes it clear that the building is undergoing façade repair.

              Does this minimize the concerns of the tenant?  No, of course not-and my point is not to mock the tenant.  This cannot be a good situation and the lack of air and sunlight, and the inability to open windows and/or use an a/c in the summer sounds like a major inconvenience.

              What are the suggested answers?

              One suggestion, in this article, is not really fleshed out: the consulted attorney points out that the owner of the unit must provide a safe and habitable apartment.  True, very true.  The only thing, however, that this information will lead to is the tenant withholding some or all of the rent.  Financially satisfying, perhaps, but it will not take the plastic off those windows.

              Another posited idea is to write letters complaining to the owner and the condo board.  Not a bad idea either, but then it is unlikely that the board is going to stop a major project like façade repair, which may well be underway because of violations issued by the City.

              You can call HPD to have them issue violations, but I wonder if the City would issue violations if the Condo has applied for and received a permit to repair the façade.  In fact, failure to  secure the outside windows to prevent them from being conduits of dust and debris into apartments may well be a violation, too.

              And finally, the article suggests that you could commence an action in court in what is commonly known as the HPD part to direct the landlord to “cure” this problem.  But what “problem” would the City be asking the Condo to “cure”?  Would it make sense to attempt to force the Condo to cease its façade work?  Would it make sense to force the Condo to remove the plastic from the windows, and subject the tenants to dust and debris?  I don’t think HPD would be in a position to force the Condo to do anything, and if the Condo fought hard enough, by the time this matter is resolved, the façade repair may well be on its way to completion.

              So, what is the answer?

              The only answer is, and may well be, that this tenant will have a very uncomfortable spring, and summer.