Legal Question in Landlord & Tenant Law in New York

I have a landlord eviction question. I am currently trying to evict a tenant in queens, new york. The Tenants claim I (the landlord) live in an illegal apartment and my brother lives in rest of the house. The tenants live in a legal 2nd floor studio(which I'm trying to evict). There argument is "We will leave but we don't want to be liable for the rent because the LANDLORD Lives in an illegal apartment in the house that we rent. Can they successfully win this argument and not pay rent and stay in their LEGAL apartment until the want. Can the court order an inspection of the property in order to validated there argument.


Asked on 7/30/14, 7:42 am

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

Let's see: the building has a certificate of occupancy. The C/O says the second floor studio is a legal apartment. The court will order an inspection if the tenant says there is something wrong with the apartment, like bare wires or rats. The argument is that you're going to put them in the street and take a money judgment that you will enforce with a vengeance. Tenants may rule the roost in Manhatttan, but in Queens they have another think coming. If the problem related to the buiilding as a whole, then the tenant has an argument but to claim that there is an illegal apartment in the building should be answered with a resounduing "so what!?!"

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Answered on 7/30/14, 8:29 am


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