Durst has not been to a spa since leaving jail last month.
He has been in and out of the facility, staying in a Durst hotel, but there are no saunaps.
His lawyer, David Hochman, has filed a notice in the New York Supreme Court that he wants the court to declare the facility a public nuisance.
Hochmeister’s complaint also asks the court not to award any damages or attorney’s fees.
Hochman is challenging a $10,000 order by New York state health officials that the Durst home be turned into a residential treatment facility.
The Department of Health has said that while Durst is an alcoholic, he was not the “primary perpetrator” of any health hazards, and his actions did not pose a danger to the public.
The department’s findings, however, say that Durst “had a history of consuming alcohol and/or tobacco” and that he was “a frequent user of the Dursteins’ sauna room, which contained two hot tubs and a sauna”.
The department’s investigation also says that Dursteens’ home was “not equipped with a cooling system”.
The home was also “not designed for use in a public setting”.
In January, the New Yorker and Washington Post ran articles about Durst.
One newspaper wrote that Dursts house was “the stuff of nightmares” and his sister “wanted to leave” after the allegations.
He and his family have declined to comment on the article.
The family has maintained that Durston did not do anything wrong and was merely trying to make ends meet.