Brooklyn, NY asked in Landlord - Tenant for New York

Q: Hello my name is Shariff I moved into my apartment December 21st of 2023 I found out I had a gas leak April 18th

Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?

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2 Lawyer Answers
Damien Matthew Bosco
Damien Matthew Bosco
  • Forest Hills, NY
  • Licensed in New York

A: Hello Shariff:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your question.

I'm concerned to hear about your gas fumes exposure, especially with your daughter. Your immediate priority is ensuring your family's safety. If the fumes are from your rental, act now to protect yourselves.

Landlords must provide a safe living environment. Faulty gas appliances or infrastructure could cause the fumes. If the Landlord has been negligent in resolving the gas leak or if they violate health and safety codes leading to tenant injuries, they can be held legally responsible.

Landlords should have a maintenance program and follow state/local laws to avoid liability. If not, they may also be liable for personal injuries on the rental property.

If you have a follow-up question, let me know.

Let me know if you want a telephone consultation at a discounted rate or other legal services.

Best regards,

Damien Bosco, Esq.

Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911.

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