Legal Question in Criminal Law in New York

Re: Illegal Apartment?

If you don't own the apartment I think you have broken the law. For starters, by "gaining entry" you have committed a trespass and probably even burglary - a felony. In addition, you are collecting rent on something that you do not own. That's probably fraud and grand larceny. If section 8 housing is involved, you have probably also violated federal law.

Re: Illegal Apartment?

Please Speak to an Attorney at your First Opportunity.

This is an interesting question. Clearly, you are a bold and imaginative person and I am happy you may be listed as among my country's assets. Entrepreneurs like you are very welcome here in America.

However, you may have been excessively aggressive in this venture. By that I mean that you have rented an apartment, a property, in which you have no legal interest.

The common law name for your action is 'Larceny by trick' and it is a felony under NY law. The involvement with Section 8 expands your crime to include embezzlement (a misdemeanor or a felony - based on the dollar amount - in this case a felony) and possibly perjury (you made a sworn statement to the NYCHA).

While the sentence for your actions would be restitution (pay back all of the money) and a fine or community service, it would have an adverse impact on your immigration petition. This is a crime bearing on truthfulness.

While I, personally, believe that your obvious talents, properly channelled , could be of great benefit to my country, the INS is concerned that your abilities will not be properly channelled. This series of crimes is an indication that you will not apply yourself to constructive, legal ventures.

There are a variety of ways for you to rescue this situation and I, and many other capable lawyers, would be happy to assist you.

Please contact me for an appointment.