Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    one-bedroom unit at 365 West 23rd St.
    The Market
    A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    One River Park at 355 Exterior St.
    Affordable Housing
    Housing lottery launches for 227 rent-stabilized units in Mott Haven
    Brooklyn townhouses
    Roommates + Landlords
    We're new owners and friends are going to be our tenants. How can we preserve our friendship?
    Woman with suitcase in Brooklyn looking over the East River at Manhattan
    Rent
    Three years after Local Law 18 launch, registered short-term rental hosts number over 3,500 in NYC
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Jobst Hoffman's 1880 29 East 7th Street
    Live
    Jobst Hoffman's 1880 29 East 7th St: A double-flat building that is part of a whimsical trio
    The 1893 Wertheim House at 19 West 76th St.
    Live
    The 1893 Wertheim House at 19 West 76th St: A Renaissance Revival-style façade nearly unchanged after 135 years
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    Brick apartment buildings in NYC
    Rent
    Ask Altagracia: I’m breaking my lease, and the landlord listed the apartment for a higher rent. Does this protect me from being sued?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Can I be evicted for accidentally flooding my neighbor's apartment?

By Himmelstein McConnell Gribben & Joseph LLP  | February 10, 2016 - 12:59PM
image

Dear Sam: I'm a senior citizen in a stabilized apartment, and have been approved for a SCRIE rent freeze. I've accidentally flooded my downstairs neighbors' apartment twice, and even though I've since gotten insurance, per their demands, and am now very careful, they're campaigning to get me evicted (and in the meantime are blasting their music at all hours to harass me). Is there any legal reason I could be evicted over this?

"What we’re dealing with here is a potential nuisance claim against you,  one of the few grounds on which a rent regulated tenant can be evicted," says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. "The SCRIE is irrelevant to the issues in this case." (Ed note: SCRIE is a program under which senior citizens in rent regulated apartments can have their rent frozen and exempt from raises. Landlords receive a tax credit to make up for the money they lose in rent increases.) 

Legally speaking, a nuisance is defined as "a course of conduct which has caused substantial harm to other tenants, to the building, to the landlord's employees, or to the landlord," says Himmelstein, and unless the behavior in question is severe, repeated incidents are a key factor. So in this case, the fact that you've flooded your neighbor's place on multiple occasions does not work in your favor. 

And while your neighbors don't have the power to evict you (only to sue for damages), they can put the landlord in a difficult position by claiming that, by failing to evict you after your frequent overflows, the landlord is violating their right to a habitable apartment.

If the case ends up going to litigation, says Himmelstein, it would help to try to persuade the court that these floods were accidental, and demonstrate that you're taking steps to prevent the problem from happening again. Your new insurance policy is a good start, and it's also worth looking into devices like the Magiplug or Nova-Flo, which can be installed in sinks and tubs throughout the apartment to prevent future overflows.

"I’ve actually settled a case in the past where part of the agreement was that the tenant would get these devices," he says. "Courts are reluctant to evict older people, and most likely the worst that would happen is that you'd be put on some sort of probation." Sometimes the Landlord, the tenant who suffered the damage or the Court will contact  Adult Protective Services, who will attempt to contact the tenant in order to evaluate whether she is competent or not and in need of assistance.  In extreme cases, if they believe that the tenant is not competent,   they find cause to start a guardianship case says Himmelstein.

As for your downstairs neighbors' high-decibel retaliation, it's illegal for them to hit back at you by creating their own nuisance in the form of loud music, says Himmelstein. While you should be working to come to a diplomatic solution here—be sure to let them know that you're installing anti-flood devices, for instance—you should also start recording the noise they're making, and taking note of dates and times, especially if it's happening at night. If things get contentious later on, this evidence could come in handy.

Related: 

Ask Sam: What's a "major capital improvement," and does it really mean my landlord can raise the rent? (sponsored)

Ask Sam: I found out my apartment used to be rent-stabilized. Now what?(sponsored)

Ask Sam: Can my landlord really put a "don't sue" clause in my lease?(sponsored)

Ask Sam: What is "preferential rent," and are there any downsides?(sponsored)

Ask Sam: What does preferential rent mean, and are there any downsides? (sponsored)

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia eviction flood insurance Neighbors
SHARE
TWEET
BRICK’S PICKS
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS