Legal Question in Landlord & Tenant Law in New York
Eviction By Holdover Proceeding
My landlord illegally converted my loft building from commercial to residential units five years ago (but still lists the building as an 'E-9 Warehouse', and continues to recieve violations for it). I recently notified him that I was going to stop paying rent until some of the more serious health & safety violations in the building were taken care of. He is now retaliating against me by trying to evict me (in a holdover proceeding) as a 'commercial' tenant to avoid, I think, my protection under NYC tenant laws (my lease ran out and he refused to sign another - it was a commercial one, to my surprise). I've taken photographs of the residential units & laundry room, and have copies of current DOB violations the building has for the illegal conversion. The NYS Division of Housing & Community Renewal has no listing of the building at all, so it is not rent-stabilized (it has more than 6 units).
1.) Do I have enough evidence to stop the eviction as a 'commercial' tenant (ie. the building is de facto rent-stabilized)?
2.) Am I covered right now under the NYS Loft Laws and/or regular tenant/landlord laws?
3.) What do you advise?
2 Answers from Attorneys
Re: Eviction By Holdover Proceeding
This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Eviction By Holdover Proceeding
This is a situation I have met before. In fact, I answered a very similar question last week on LawGuru.com.
1. Report the matter to DHC for an inspection.
2. respond to any effort to evict/eject you with your evidence.
3. Make counterclaims on the basis of 'warranty of habitability' and request the relief of refund for overpayment and a reduction in rent because of the poor condition of the apartment.
4. Retain a lawyer for this matter. There is a great deal of money and your home at risk here. This case warrants a lawyer.
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