• About
    • Which Energy Mix is this?
  • Climate News Network Archive
  • Contact
The climate news that makes a difference.
No Result
View All Result
The Energy Mix
  • Canada
  • UK & Europe
  • Fossil Fuels
  • Ending Emissions
  • Community Climate Finance
  • Clean Electricity Grid
  • Cities & Communities
SUBSCRIBE
DONATE
  • Canada
  • UK & Europe
  • Fossil Fuels
  • Ending Emissions
  • Community Climate Finance
  • Clean Electricity Grid
  • Cities & Communities
SUBSCRIBE
DONATE
No Result
View All Result
The Energy Mix
No Result
View All Result
  • Canada
  • UK & Europe
  • Fossil Fuels
  • Ending Emissions
  • Community Climate Finance
  • Clean Electricity Grid
  • Cities & Communities
  FEATURED
Biden Approves $8B Oil Extraction Plan in Ecologically Sensitive Alaska March 14, 2023
U.S. Solar Developers Scramble after Silicon Valley Bank Collapse March 14, 2023
$30.9B Price Tag Makes Trans Mountain Pipeline a ‘Catastrophic Boondoggle’ March 14, 2023
UN Buys Tanker, But Funding Gap Could Scuttle Plan to Salvage Oil from ‘Floating Time Bomb’ March 9, 2023
Biden Cuts Fossil Subsidies, But Oil and Gas Still Lines Up for Billions March 9, 2023
Next
Prev

Tenants Can Break Leases if Apartments Flood, Manhattan Lawyer Advises

October 5, 2021
Reading time: 2 minutes

bettyx1138/flickr

bettyx1138/flickr

43
SHARES
 

The rising risk of flooding across North America is raising a critical legal question: Are landlords or tenants responsible for securing a unit from high water? 

The New York Times has the answer, at least for New York City. In a recent response to a Brooklynite’s question, the expert advisors consulted for the paper’s “Ask Real Estate” column placed the responsibility squarely on the shoulders of the landlord.  

  • Be among the first to read The Energy Mix Weekender
  • A brand new weekly digest containing exclusive and essential climate stories from around the world.
  • The Weekender:The climate news you need.
Subscribe

“The landlord has an absolute obligation to prevent water from coming in, even if the climate is changing,” said Manhattan real estate lawyer Samuel J. Himmelstein. “You can’t ask a tenant to bear that responsibility.” 

Which isn’t to say landlords won’t try. To the Brooklyn tenant in question, whose experience of bucketing out water during the past two hurricanes left them feeling like “a sitting duck,” the Times has clear advice: “Put your drainage concerns in writing.” 

“Tell the landlord that you’re worried your apartment will flood if the patio drainage is not resolved immediately and demand that the management company make necessary repairs,” the columnist says. “You could file an HP [landlord and tenant] proceeding in housing court, and a judge could compel the landlord to do the work.” 

If that doesn’t work? Withhold rent, the Times advises. “And if the landlord pursues a non-payment case against you, a judge could award you a rent abatement.”

Had the apartment flooded outright, the tenant might well have been within their rights to break the lease and leave, noted Himmelstein, who said he would advise his clients to do exactly that if their apartment is hit with flood damage. 

Such advice comes too late for the 13 people who drowned in Queens when the vicious tail end of Hurricane Ida brought floodwaters into the dangerously illegal basement units they called home. 

Continue Reading



in Buildings, Cities & Communities, Climate & Society, Climate Impacts & Adaptation, Demand & Distribution, Environmental Justice, Jurisdictions, Legal & Regulatory, Severe Storms & Flooding, United States

The latest climate news and analysis, direct to your inbox

Subscribe

Related Posts

U.S. Bureau of Land Management/flickr
Oil & Gas

Biden Approves $8B Oil Extraction Plan in Ecologically Sensitive Alaska

March 14, 2023
97
David Dodge, Green Energy Futures/flickr
Community Climate Finance

U.S. Solar Developers Scramble after Silicon Valley Bank Collapse

March 14, 2023
147
EcoAnalytics
Media, Messaging, & Public Opinion

Canadians Want Strong Emissions Cap Regulations, Not More Missed Targets

March 14, 2023
108

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms & Conditions and Privacy Policy.

Trending Stories

Behrat/Wikimedia Commons

Hawaii Firm Turns Home Water Heaters into Grid Batteries

March 14, 2023
410
U.S. National Transportation Safety Board/flickr

$30.9B Price Tag Makes Trans Mountain Pipeline a ‘Catastrophic Boondoggle’

March 14, 2023
201
David Dodge, Green Energy Futures/flickr

U.S. Solar Developers Scramble after Silicon Valley Bank Collapse

March 14, 2023
147
EcoAnalytics

Canadians Want Strong Emissions Cap Regulations, Not More Missed Targets

March 14, 2023
108
moerschy / Pixabay

Fringe Conspiracy Theories Target 15-Minute City Push in Edmonton, Toronto

February 22, 2023
1.6k
U.S. Bureau of Land Management/flickr

Biden Approves $8B Oil Extraction Plan in Ecologically Sensitive Alaska

March 14, 2023
97

Recent Posts

Raysonho/wikimedia commons

Purolator Pledges $1B to Electrify Last-Mile Delivery

March 14, 2023
64
United Nations

UN Buys Tanker, But Funding Gap Could Scuttle Plan to Salvage Oil from ‘Floating Time Bomb’

March 10, 2023
90
Gage Skidmore/Wikimedia Commons

Biden Cuts Fossil Subsidies, But Oil and Gas Still Lines Up for Billions

March 10, 2023
181
jasonwoodhead23/flickr

First Nation Scorches Imperial Oil, Alberta Regulator Over Toxic Leak

March 8, 2023
371
MarcusObal/wikimedia commons

No Climate Risk Targets for Banks, New Guides for Green Finance as 2 Federal Agencies Issue New Rules

March 8, 2023
238
FMSC/Flickr

Millions Face Food Insecurity as Horn of Africa Braces for Worst Drought Ever

March 8, 2023
250
Next Post
Air conditioner

Start-up Pairs Ice with A/C to Store Energy, Reduce Peak Demand

The Energy Mix - The climate news you need

Copyright 2023 © Energy Mix Productions Inc. All rights reserved.

  • About
  • Contact
  • Privacy Policy and Copyright
  • Cookie Policy

Proudly partnering with…

scf_withtagline
No Result
View All Result
  • Canada
  • UK & Europe
  • Fossil Fuels
  • Ending Emissions
  • Community Climate Finance
  • Clean Electricity Grid
  • Cities & Communities

Copyright 2022 © Smarter Shift Inc. and Energy Mix Productions Inc. All rights reserved.

Manage Cookie Consent
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behaviour or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage vendors Read more about these purposes
View preferences
{title} {title} {title}