Legal Question in Landlord & Tenant Law in New York

Illegal Apartment Questions (Tenant)

I just found out that I have been living for the past 3 years in an illegal single family house in Queens, NY (the owner lives on the 2nd floor, I live on the 1st floor and someone else lives in the basement). My questions are the following:

1-Is my lease null and voided since I am living in an illegal apartment?

2-Can I sue my landlord for all the rent I have given him due to the fact that I had no idea I lived in an illegal apartment?

3-Is the landlord required to pay me relocation fees to move out? If so how much?

4-Is it true it is not legally considered an illegal apartment until it is officially on record (the violation)?


Asked on 4/30/09, 2:35 pm

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

Re: Illegal Apartment Questions (Tenant)

1-Is my lease null and voided since I am living in an illegal apartment?

A. Yes.

2-Can I sue my landlord for all the rent I have given him due to the fact that I had no idea I lived in an illegal apartment?

A. No.

3-Is the landlord required to pay me relocation fees to move out? If so how much?

A. No.

4-Is it true it is not legally considered an illegal apartment until it is officially on record (the violation)?

A. No.

Mike.

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Answered on 4/30/09, 3:57 pm


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