Legal Question in Landlord & Tenant Law in New York

Illegal apartment/ kitchen removal

I live in a 2nd floor Apt of a house. I have lived here for almost 4 years and did not know it was illegal until recently. The owner decided to sell the house and when the broker listed the house, he accidentally listed it with 3 kitchens. This mistake alarmed the town officials and the owner was fined. There are only 2 not 3 kitchens in the house, but because of this mistake, the red flag is up and my kitchen has to go. Now, I am looking for a new place but the owner is trying to force me to allow him to take the kitchen out before I leave. The Owner lives in another country, so he is pushing for the kitchen to go before he goes back home. Alot of friends have told me this is illegal for him to do. So, my question is...Does he have to wait until I move out to remove the kitchen? Thank You


Asked on 10/28/05, 6:56 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Illegal apartment/ kitchen removal

You have stubled upon an obscure area of 'landlord and tenant' law. The landlord will have a difficult time getting you out of the apartment at all.

Many people in your situation cease paying rent because of the difficulty for the landlord to evict.

The significance of the apt being illegal is that he may not charge you rent. The landlord may not collect any rent from you if the apt is illegal.

Of course, the landlord cannot require you to remove fixtures or make any other improvements on the property. He will be fortunate if he does not end paying you money for re-location!

You are welcome to a consultation for no fee.

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Answered on 10/30/05, 7:35 pm


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