the law in nyc
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the law in nyc
I rent an apartment on the upper west side. Recently the management has instituted the rule that no bicycles can be taken up in the elevator and the tenants are instead to use the new "bike room". This is frustrating for a myriad of reasons not the least of which being that its constantly blocked by various crap the building is moving around. It really probably doesn't bother anyone else in the building as I'm sure no one else uses their bike as their primary mode of transportation. In fact I've scarcely seen any of the bikes used since I've been using the storage room. I've recently read that they've passed some bill in an effort to help nyc go green that will require commercial buildings to allow anyone to bring their bike with them inside. Perhaps there is something equivalent on the books for residential buildings. Honestly I feel ridiculous not being able to bring my bike into my house to work on, stare at, etc. If anyone has any experience with this type of thing that could help me out or just knows about this particular aspect of the law in new york city please respond in this forum or if u can tell me something super useful you can email me at bruceleesdad@gmail.com. This might be preferable since I'll be posting in a bunch of places.I'd love nothing more than to tell these people to **** themselves without inccurring legal complications. Thank you.
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Unless you signed something in your lease that says you can't take your bike to your room, I don't think they can stop you.
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Two bills are currently before the City Council. One would guarantee bicycle access in office buildings to bicycle parking facilities provided by your employer. The second would require bicycle parking, 1 space for two apartments, in all new construction. Unfortunately the move seems to be to more towards creating specific bicycle parking facilities than simply guaranteeing the right to bring them in passenger elevators or carry them up the stairs.
You can read more about this on Streetsblog
https://www.streetsblog.org/2009/06/1...e-access-bill/
You can read more about this on Streetsblog
https://www.streetsblog.org/2009/06/1...e-access-bill/
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just bringit back home. whose really gonna enforce this. just make sure your bikeisclean so it doesn't leave a trail back to you
#8
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In NYC, they'd have a hard time enforcing it for existing tenants. Tenants have a lot of rights and they can't just change the rules on you. But take my comments with a grain of salt as I'm neither a lawyer nor a tenant nor an apartment dweller myself.
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You can bring it with you into your apartment. You just can't use the elevator so...carry it up the stairs.
Or get a folding bike and put it into a bike bag when you take in the elevator.
.
Or get a folding bike and put it into a bike bag when you take in the elevator.
.
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If they forced you to use that room and did not allow you to bring the bike into your home could they be held liable for anything that happened to your bike?
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My family rented in NYC for many years. My mom and stepdad still do.
Read your lease. They will have a clause in there that allows for changes like this. My guess is that this came about because other tenants have complained. All it takes is one little old lady that got her shoes scuffed up by the bikes open drive train.
They will enforce this if someone complains. You may also be setting yourself up to a confrontation in the elevator with other tenants if you ignore this.
As someone already said, you can always carry your bike up the stairs.
Read your lease. They will have a clause in there that allows for changes like this. My guess is that this came about because other tenants have complained. All it takes is one little old lady that got her shoes scuffed up by the bikes open drive train.
They will enforce this if someone complains. You may also be setting yourself up to a confrontation in the elevator with other tenants if you ignore this.
As someone already said, you can always carry your bike up the stairs.
#12
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I think you're better off convincing the building management to keep access to the bike room clear.
Legally I don't think you have much to go on. IIRC even the new bills for commercial buildings don't stipulate that tenants can bring bikes on elevators or into an office -- they just have to provide a space to park a certain number of bikes.
Just be firm yet polite, and tell them that you need daily access to the bike room. If you start out with a chip on your shoulder, I don't see why they would be all that happy to accommodate you.
Legally I don't think you have much to go on. IIRC even the new bills for commercial buildings don't stipulate that tenants can bring bikes on elevators or into an office -- they just have to provide a space to park a certain number of bikes.
Just be firm yet polite, and tell them that you need daily access to the bike room. If you start out with a chip on your shoulder, I don't see why they would be all that happy to accommodate you.
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I agree with Bacciagalupe. I'm not an attorney but I don't think it has to be spelled out in the lease. Management could simply say the bike creates a nuisance in the public areas and serve a ten day notice to quit. They've already provided a bicycle room, etc, etc, etc. Better to work than what you have than get into a legal mess.
Last edited by Stacy; 06-27-09 at 03:41 PM.
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Definitely read your lease. That's the first palce to start. And I'm with rodrigaj, there is likely a clause in the lease that allows building management to set various rules, and requires you to abide by them. But you won't know until you read the lease.
I'd also talk to other cyclists in the building to see what sort of support you can get to go to management to modify or rescind the rule.
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my lease states that there can be no bicycles inside, and there is no bike room leaving me no recourse but to lock outside. parts and entire bicycles are stolen nightly, and management is aware. do i have an argument?
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There's a rule in my strata that says I have to leave my bike in their shi77y bike locker downstairs. No way is the pinarello going in there overnight.
I bring it up and down in the elevator. **** the strata - if they want to fine me $50 for it they can go ahead, but nobody seems to give a shiz.
If your building isn't full of total pricks you can probably just ignore this rule.
I bring it up and down in the elevator. **** the strata - if they want to fine me $50 for it they can go ahead, but nobody seems to give a shiz.
If your building isn't full of total pricks you can probably just ignore this rule.
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Again - does management hang out outside your apartment or spot check your apartment for cycling gear? Very high probability you can fully ignore this rule.
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i typically did, but some of the staff stopped me if they were bored, and i just locked up if i didnt feel like arguing. ive circumvented it by stashing it in a friends apartment on the first floor. it will be a moot point soon enough, but i was just curious.
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Having rented, owned, and rented out, I have had some experience with building "rules" of all kinds - I doubt there is any law on the books in New York City that would over rule what a particular condo or co-op agrees upon for their own building. Similar to pets being allowed - some do, some don't. It really depends on the kind of building, and as someone said earlier, if they will really enforce it. A brand new, higher end building with renovated elevators?? I wouldn't be surprised if someone "turned you in" resulting in fines, or at worse, a clear violation of building rules resulting in the landlord trying to evict you. Not knowing your situation, the latter seems really unlikely, but not totally out of the question. Doubt it? Then you haven't read up on some of the truly vindictive landlords lurking about. Again, YMMV.
With that said, I also think it would take many, flagrant violations for them to really come down on you. For example, it doesn't say you can't work on your bike in your apartment. And true you can take the stairs, but you could also transport your bike in a case, or take various parts up at different times to work on it. Or if it's like most of us, you just want to bring your bike up to where you live after you're done riding or commuting, then perhaps "making friends" with the doorman could help them look the other way. I've found that little things like getting coffee, etc. will go a long way towards getting their help with things like this. Just worried about other tenants? Perhaps keeping a blanket in the "bike room" to wrap it before getting into the elevator? Showing that your trying can also go far in de-arming the tattlers.
Sorry to hear your building is giving you and other bikers grief. Hope it's just a minor inconvenience, and something that could be ignored, rather than a strictly enforced rule.
With that said, I also think it would take many, flagrant violations for them to really come down on you. For example, it doesn't say you can't work on your bike in your apartment. And true you can take the stairs, but you could also transport your bike in a case, or take various parts up at different times to work on it. Or if it's like most of us, you just want to bring your bike up to where you live after you're done riding or commuting, then perhaps "making friends" with the doorman could help them look the other way. I've found that little things like getting coffee, etc. will go a long way towards getting their help with things like this. Just worried about other tenants? Perhaps keeping a blanket in the "bike room" to wrap it before getting into the elevator? Showing that your trying can also go far in de-arming the tattlers.
Sorry to hear your building is giving you and other bikers grief. Hope it's just a minor inconvenience, and something that could be ignored, rather than a strictly enforced rule.
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yea, take off the front wheel, carry it up as 'bike parts'
the hell if I am going to put my bike in some communal area where its ging to get trased, and possibly stolen. Ask them if their insurance will cover your several thousand dollar bike.
the hell if I am going to put my bike in some communal area where its ging to get trased, and possibly stolen. Ask them if their insurance will cover your several thousand dollar bike.
#22
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Just do it. That puts the onus on your neighbors to rat you out and on the building to enforce this stupid rule. It's VERY hard to evict a tenant in NY City. It won't happen.
Carry on.
Carry on.
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What floor do you live on?
They never said you can't bring it into your apartment. They can't say that. They just said you can't use the elevator.
They never said you can't bring it into your apartment. They can't say that. They just said you can't use the elevator.
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There is a walkup limit of maybe 5 floors in NYC. If it's more than 5 floors, and the building was built post some cutoff year, then you have to be allowed to use either the passenger elevator or a freight elevator. Look into that, it may help.
Tell them you will gladly leave your $10k bicycle wherever they want... just as soon as they sign an agreement assuming responsibility for it's safe keeping, and post a sufficient bond with the escrow agent of their choice.
Tell them you will gladly leave your $10k bicycle wherever they want... just as soon as they sign an agreement assuming responsibility for it's safe keeping, and post a sufficient bond with the escrow agent of their choice.