NEW YORK, NY September 03, 2008 —Residents fed up with the living conditions at their dilapidated building in the Bronx are suing their landlord and asking a judge to take the building away from him.

Tenants say the 43 unit building on 175th Street near Crotona Park has been falling apart for about two years. They complain they have to boil water to take baths and inside several apartments, bathroom ceilings have caved in and mold is growing on the walls. Ten-year-old Justin Medina and his young cousins stay at the building with their grandmother.

MEDINA: Us kids we're scared to use the bathroom because we're afraid it's gonna fall on us.

REPORTER: The city's Department of Housing Preservation and Development says it spent $23,000 over the last year repairing the building. The agency says the owners, OCGVII have three other troubled Bronx properties. A call to the company's attorney was not immediately returned.