Legal Question in Landlord & Tenant Law in New York

ilegal apartment issues

We have been living at an apartment for a little over a year now.We signed a rental agreement with century 21 and the landlord for 1 year.I later found out that it is a ilegal apartment.There is a aprtment under us with a gas stove(firehazard)and most of all our complaint is the landlord has a sump pump to bring the basement apartments waste up and out.During the last few months the sewage smell from the basement apartment has been atroscious.It has been giving us headaches and nausea.The landlord comes by and puts vinegar down our drains everytime we complain.We are fed up but are in no position to move as of yet My wife is going into surgery this week for breast surgery forcing me to take time off from work.I feel this is a health concern for both my wife and I.I mean she is going to have to recover in this enviroment.We pay 1700$ to live here.I have been documenting also the brown water which comes out of our domestic water taps moth after month some days it is so brown I can''t take a bath or shower.Is there a legal issue here ,I was also charged a realtor fee of one months rent to live here.Is that legal in an ilegal apartment?


Asked on 12/09/03, 9:23 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: ilegal apartment issues

There are many legal issues here. I"m not sure what you are looking to do though, considering you are still living in the apartment and seemed to be inclined to stay. Century 21 should not have shown you the apartment, but you will be hard pressed to get money back at this point.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/09/03, 9:49 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: ilegal apartment issues

This is awful! A classic NY City situation!

Fortunately, you have options. (1) You have a right to clean water. You may subtract a portion (in this case 25%) of your rent and place it in a separate bank account. (YOU MUST PLACE IT IN A SEPARATE BANK ACCOUNT. That is important). Write to the landlord and tell him why you are 'withholding a portion of the rent. He is violating the 'warranty of habitability'.

(2) Another option is to stop paying rent completely. Because the apt is 'illegal', the landlord has no right to charge you rent. The downside is that he can have you evicted. If you choose this option, 'time' your non-paynment so that you will be able to leave 2 months after you stop paying.

Further, report the apartment to the 'Public Advocate', a NY City agency. (3) You can force the landlord to bring the apt up to code and become certified as legal. This is the most time-consuming. The lawsuit will last for some time, but it is likely the landlord will be forced to pay your legal bills.

Sometimes NY City is like the 'wild west'. You can make the system work for you.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/09/03, 11:28 am


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