Legal Question in Landlord & Tenant Law in New York

eviction

My landlord illegally converted my loft building from a commercial enterprise to residential units several years ago (but still lists the building as 'commercial/business' 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 as a 'commercial' tenant to avoid my protection under NYC tenant laws. My lease ran out and he refused to sign another, but it was a residential lease not a commercial one because my name is on it, not a business.

What do I do?


Asked on 4/21/06, 11:23 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: eviction

You are in good shape on this one.

1. Get a DHC inspection.

2. Get photos to show the residential nature of the space.

I recommend you use a lawyer for this problem. Ot could mean the difference between winning and losing the case.

You are welcome to a consultation for no fee.

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Answered on 4/24/06, 7:21 pm
Steven Czik CZIK LAW PLLC

Re: eviction

Your landlord most likely will initiate summary proceedings to have you disposessed, at that time you can assert your defenses and propbably initiate counterclaims against him.

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.

Law Offices of

STEVEN J. CZIK, P.C.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 4/21/06, 12:28 pm


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