Court Won't Order Landlord to Replace Plumbing System

Facts: Tenants of housing complex sued landlord to force building repairs. There was no dispute that there were constant leaks, flooding, interruption of water service, damp walls, and disruption of electrical service as a result of the deterioration of the plumbing system. Tenants claimed that landlord should be required to replace the entire plumbing system of the multibuilding complex. Court: Tenants lose. The plumbing system was legal when installed and wasn't itself in violation of current building or maintenance codes. As landlord replaced portions of the existing pipes as necessary, it was required to use material approved by current building codes. And while replacement of the entire plumbing system would resolve the conditions complained of, landlord was promptly replacing portions of the plumbing as violations arose. The court couldn't order landlord to do more than correct violations, which it was doing.

Parkchester Alliance v. Parkchester Apts. Co.: NYLJ, p. 33, col. 3 (2/17/99) (Civ. Ct. Bronx; Heymann, J)