Legal Question in Landlord & Tenant Law in New York

Ilegal Apartment, what to do?

I have been living in an apt for 6 yrs, not knowing it was illegal. A city inspector came and found it to be illegal, although landlord removed stove and we removed personal effects. We stayed with family members during the week of the inspection, at the request of the landlord. We returned home, but there is no stove here, severely limiting our lifestyle. As the first of the month is quickly approaching, what do we do about rent? Do we have to find a new place to live? What legal recourse do we have? Can we sue the landlord for fraud? Can we sue him for relocation expenses or for previously paid rent? Can we recover part of this month's rent, since we were not allowed to live here for a week? As you can imagine, this has been very stressful and has affected my job performance. Any advice/help you can provide would be greatly appreciated. Thank you for your time!


Asked on 4/23/06, 3:47 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Ilegal Apartment, what to do?

A common NYC situation, particularly in the old days.

You have many options; and all should include an action for a 'refund' of rent paid to this date.

Because the apt is not legal for residency, you have no duty to pay current rent.

If you cease paying rent, then the landlord can force you to move, but on your time and not his. The action is not for 'eviction', but for 'ejectment'.

This is a good one to see a lawyer on. You are welcome to a consultation for no fee.

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Answered on 4/24/06, 6:30 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Ilegal Apartment, what to do?

You can not continue to live there. Removing the stove tells me it still is illegal for anyone to live there UNLESS the landlord has the right to rent rooms to non-relatives w/o cooking facilities.VERY DOUBTFUL and not what you bargained for/rented. Do not pay the rent. You have a claim against the landlord for misrepresentation among other things. If you would like to discuss further, please Email me.

Debra

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Answered on 4/23/06, 9:43 pm


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