Legal Question in Landlord & Tenant Law in New York

Does a landlord who collects rent on an illegal apartment responsible for returning the collected rent since legally they cannot collect rent without a certificate of occupancy.

A. No. The Courts will not uphold an illegal agreement.

Also are there any consequences to a landlord who spends your deposit money for their own personal use?

A. Generally, the obligation (returning the security) continues whether or not the landlord "spent" the money.

Mike.