Landlord Dispute Legal Motion

Tô explain to you what’s happening I will show the letter I wrote to the neighbor with complains about disturbancesI am writing to bring your urgent attention to a number of concerning issues that are significantly and negatively impacting my health, well-being, and peaceful enjoyment of my home as a long time resident of * W 26th Street. I have been living in my apartment within this building for the past 14 years, and prior to the opening of your restaurant, I never experienced any of these problems. There was never any disturbance or pest issues in the past. However, since your restaurant opened, I have been facing persistent noise that prevents me from resting, relaxing, or going about my daily life and it’s directly deteriorating my health. This constant noise has caused me anxiety, distress, and sleep deprivation. Additionally, there have been multiple construction projects taking place without proper permits for years, resulting in the accumulation of dust, potentially hazardous substances such as lead or asbestos, and posing a threat to the air quality in my apartment. This is a significant huge concern for my health and my ability to heal properly from cancer. Moreover, the exponential increase in rats, odors, and other pests, which are a direct result of the accumulation of trash and organic waste left overnight by the restaurant, has seriously affected my ability to comfortably inhabit my own home. I am unable to sit outside or keep my windows open for fresh air. I live in constant fear of rats entering my apartment, as I hear them fighting near my doorstep where they also urinate and defecate. This poses a severe danger to both me and my dog due to the various diseases they carry, especially considering my compromised health. All of this is directly and negatively impacting my home, health, well-being, and even threatening my life. Additionally, I feel compelled to inform you that a report from the Department of Health and Mental Hygiene (DOHMH) has highlighted further concerning findings regarding the operations of your restaurant. The report states that pesticides were not properly labeled or used by an unlicensed individual. Furthermore, it indicates the improper use and storage of pesticide and other controlled toxic chemicals, as well as the use of unprotected and unlocked bait stations. The irresponsible use of these hazardous substances without any regard for the well-being and safety of the tenants living in the building is not only deeply alarming but also borders on criminal negligence. Moreover, the report also reveals that the plumbing in the restaurant was not properly installed or maintained. The anti-siphonage or backflow prevention device was not provided where required, and the equipment or floor was not properly drained. Additionally, the sewage disposal system was found to be in disrepair or not functioning properly. It is worth noting that while modifications or repairs were being carried out, an ambulance had to be called due to the situation. I was instructed by the paramedics and police to vacate my apartment as it was impossible to remain inside due to the release of toxic fumes and the potential contamination of the water system within the apartment. Furthermore, the report highlights that the establishment is not free of harborage or conditions conducive to rodents, insects, or other pests. This issue exacerbates the existing pest infestation problem within the building. These findings from the DOHMH report further emphasize the severity of the health hazards and unsanitary conditions caused by your restaurant's operations. Immediate action is necessary to rectify these violations and ensure the safety and well-being of all residents in the building. Beyond the noise and increase in pests, the indiscriminate use of controlled and toxic substances, along with other disturbances, these conditions cause me immense stress and suffering on a daily basis. I find myself unable to fully relax or heal in my own home. Your staff also constantly trespasses by socializing behind my backyard, even bringing chairs with them. These disturbances disrupt my work, prevent me from socializing, and exacerbate my medical conditions, making it almost impossible for me to heal from the cancer I have been battling since *, as you were made aware of prior to your restaurant's opening. At that time, the disturbances were due to the illegal construction that had been ongoing for years and were already causing numerous issues. I often feel helpless living with the constant disruptions emanating from your operations, which continue to substantially interfere with my daily life and enjoyment of my residence. I believe it is essential for you to be aware of these findings as they underscore the urgency and severity of the situation. The cumulative impact of the noise, pests, unsanitary conditions, and now the hazardous misuse of chemicals further exacerbates the health risks and distress I am experiencing on a daily basis. It is imperative that immediate action is taken to rectify these serious violations and ensure the safety and well-being of all residents in the building as all of these issues are directly and negatively impacting my home, health, well-being, and even threatening my life. It is crucial to note that my right to a quiet and peaceful enjoyment of my apartment is protected by the law. The actions of the restaurant knowingly and purposefully disturb my peace, which is a violation of my legal rights and causes me a lot of stress and irreparable pain and suffering. I have also learned that my landlord illegally disclosed details about my lease and the lack of a Certificate of Occupancy for my apartment to your business. This information has been brought up by several of your employees, and it appears to be an effort to prompt retaliation against me for submitting complaints, which is unlawful. This wrongful disclosure, in coordination with the actions of your staff, including their threat to "continue with the machine on" because I "shouldn't be living here," using illegally obtained information to enable harassment, is extremely troubling. The current situation is causing me immense stress, pain, and harming my health on an ongoing basis. I have already shared the emotional and physical toll this is taking on me with Derik and his partner, whom I believe are the restaurant owners, but instead of improving, the situation has deteriorated, which is completely unacceptable. I am also requesting urgent action to address the retaliation coordinated with or prompted by my landlord. I sincerely hope you understand the gravity of the situation and the immense harm it is causing. The current conditions and harassment are negatively impacting my health and quality of life in profound ways. I request that you immediately cease any retaliatory conduct and take immediate action to resolve the disturbances caused by your operations. I cannot allow unlawful harassment and disruptions and illegalities to persist. Please inform me of your plan to address both the retaliation and remediate the conditions. These issues can no longer be ignored. I look forward to your prompt action and response to rectify this untenable situation. Sincerely — besides this is that the apartment next door was completely altered and converted into a industrial kitchen. Given that the dispute is over landlord trying to evict me claiming breach of contract and my counter claim was that the apartment didn’t have a residential cofo and had a commercial cofo instead. The judge told the landlord had to demonstrate that he exhausted all resources into bring the apt up to the code. Instead he converted the apartment next door into the industrial kitchen.

Ok. But like I said. I have a lawyer but I need to ask the judge as you suggested filing a motion. Could you draft a motion based on what I described?

Is just for reference not with legal value

I have a lawyer. The case is Chelsea partners I LLC vs Romano. The case was dismissed in my favor and supposed to continue on my counterclaims. But I need to ask that to the judge.

Can you help me to explain to the new lawyer as English is my second language and I find it difficult to do it