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Warranty of Habitability in commercial lease?



"Jeff Guay"
8/19/2004 10:08:51 AM


Hi
In May this year, I entered into a commercial lease for a house I own. The
tenant is a non-profit orginization that works with local doctors and law
enforcement agencies to help abused children. Their main source of funding
is the county government.
Like I said the lease was signed in May, now I recieve a letter from the
county's attorney saying that the city code officer has found things with
the house that have to be corrected because we are changing the premises
from a residence to a commercial building. The worst of these is handicapp
access to the 2nd floor.
I feel my lease covers me from making the modifications. It states that the
"tenant shall promptly execute and comply with all statutes, ordinances,
rules, orders, regulations and requirements of the Federal, State and Local
Governments..."
However, they say I am required to them a "warranty of habitability" which
requires me to meet all codes.
This property is in Upstate NY, Warren County.
Anyone have any advice? I know this is very broad and without much info. I
cannot find this "warranty" clause in my lease. I have spoken to my
attorney who wrote the lease, he says it is not cut and dry and may have to
goto litigation, which I cannot afford.
Thanks for your time.
 
 
"Eliyahu Rooff"
8/23/2004 10:22:54 PM




"Jeff Guay" <jeffnospamguay@adelphia.net> wrote in message
news:s1d9i0p6rrpvrc6c5399ht2iai4qe2jdnc@4ax.com...

Hi
In May this year, I entered into a commercial lease for a house I
own. The
tenant is a non-profit orginization that works with local doctors
and law
enforcement agencies to help abused children. Their main source
of funding
is the county government.
Like I said the lease was signed in May, now I recieve a letter
from the
county's attorney saying that the city code officer has found
things with
the house that have to be corrected because we are changing the
premises
from a residence to a commercial building. The worst of these is
handicapp
access to the 2nd floor.
This is generally an ADA problem. Our local downtown district
(small town -- 36,000 people) has dozens of relatively small
two-story commercial buildings in which the second story must now go
unused because of the cost of installing an elevator for each of
them. Instead of providing benefit to the disabled, ADA
requirements have simply resulted in several hundred thousand square
feet of prime commercial property going to waste. (It ain't just
WalMart that's killing small town businesses...)
A few years ago, I assisted a friend of mine -- a psychologist -- in
remodeling a house to serve as an office. Despite the fact that in
28 years of practice he's never had a client who was disabled, he
had to install ramps, extra-wide doors, and remodel the bathroom for
wheelchair accessibility.
Since I'm assuming that you aren't particularly interested in
spending a hundred thousand or so for an elevator, can you lease
just the downstairs portion of the house to them? That would reduce
your upgrade expenses to the five-figure range for installing ramps,
widening doors and remodeling the bathrooms.
Eliyahu
 
 
ptsc
8/24/2004 7:58:11 PM


On Mon, 23 Aug 2004 22:22:54 -0400, "Eliyahu Rooff" <lrooff@hotmail.com> wrote:


"Jeff Guay" <jeffnospamguay@adelphia.net> wrote in message
news:s1d9i0p6rrpvrc6c5399ht2iai4qe2jdnc@4ax.com...

own. The
and law
of funding
from the
things with
premises
handicapp
This is generally an ADA problem. Our local downtown district
(small town -- 36,000 people) has dozens of relatively small
two-story commercial buildings in which the second story must now go
unused because of the cost of installing an elevator for each of
them. Instead of providing benefit to the disabled, ADA
requirements have simply resulted in several hundred thousand square
feet of prime commercial property going to waste. (It ain't just
WalMart that's killing small town businesses...)
ADA requirements do indeed benefit the disabled if these businesses
choose to locate themselves in accessible office space. If they do not
choose to do so, then I question the viability of any such business in
the first place.
I also question whether inaccessible properties can be classed as
"prime" in any sense of the word. They seem, to the contrary, quite
subpar. Indeed, the fact that they are sitting fallow indicates this.
Additionally, it seems odd to bring this up in discussing an organization
for assisting abused children. Child abuse can be quite extreme and
debilitating, and it's entirely likely that some of the class of people
any such organization would help are disabled. Would it not be absurd
for an organization not even to be accessible to the very class of people
it is founded to serve?
What I find more disturbing than baseline ADA requirements (that are at
least known), is the trend of professional plaintiffs trolling around looking
for trivial ADA violations, then filing harassment suits about them in order
to shake down businesses, with no intention of enforcing compliance.
I have no objection to your facts, so much as a tone (that I may be imagining).
I just don't agree that the ADA (by itself) is so drastically bad for business
as you seem to suggest.
 
 
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