Legal Question in Landlord & Tenant Law in New York

Housing NYC

I live in a ''2 bedroom apartment'' that I assume was converted from a studio apartment. We didn't realize this until we saw the added sheet rock and construction around the apartment and asked a friend. I called the Department of Buildings of NYC and they said, based on my description that this was an illegal apartment and that all �bedrooms� should have proper and natural ventilation, which, this apartment does not.

It is difficult and cramped to live here for my roommate and I. In addition, I feel unsafe because I do not get proper ventilation in my bedroom because there is no window, air or natural light. There is a 10inch H by 20inch L piece of glass above the door that was probably put there to say this is a window in case, but as mentioned before, it's anything but. I want to know if I can get out of my lease and sue the landlord due to the apartment being an illegal conversion and listed as a 2 bedroom, when in fact it is really a studio. Thanks and I look forward to hearing from you soon. -Melissa


Asked on 12/12/08, 10:22 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Housing NYC

The good news is that there is no lease to break since the agreement is illegal. The Court will not enforce an illegal contract. However, since the Court will not enforce an illegal contract you would not have a cause of action against the landlord.

Mike.

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Answered on 12/12/08, 11:35 am


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