Legal Question in Real Estate Law in New York

Re: Illegal apartment

In regard to your inquiry why the landlord said the stove, refrigerator and sink have to go, my answer assumes that premises in question is actually a legal one family dwelling being used as an illegal two family, (meaining it is not allowed by the zoning and noone ever bothered to apply for a variance). If this is the case, then if the illegal apartment does not have a functional kitchen, then technically/legally it does not constitute an apartment and therefore cannot be an illegal apartment per se. However, specific municipalities have different laws, rules and ordinances as to what qualifies as an apartment, an anonymous informational call to the local building department can resolve this issue. In regard to whether you can get your money back, that's a more difficult question, even though it was an illegal apartment you still resided there for five months and you would had to pay to live somewhere else, so a judge would probably be reluctant to direct the landlord to return any rent. As concerns the money paid to the realtor, (which was probably retained by the broker as his rental fee per agreement with the landlord), if a specific representation was made to you that it was a legal apartment, you may have a cause against the realtor and the landlord, but as a practical matter such litigation would cost you more than it's worth.

Re: Illegal apartment

If the broker did not tell you this was an illegal apartment, you should be able to file a Small Claims action in the local court (village or justice) for about twelve dollars and won't need an attorney.

Re: Illegal apartment

By removing kitchen appliances the landlord appears to be attempting to negate that your space is a separate "apartment", which is probably illegal if the house is registered as a single family residence. Discretely call the local building department to see if the house is properly registered as a legal 2 family. You probably may not seek reimbursement of rentals from the landlord since you lived there for 5 months, but possibly may get moving reimbursement for the misrepresentation and costs of moving to a new place. If the broker represented the location as a legal rental, you may have a fraud claim against the broker for misrepresentation and possibly could get your moving expenses reimbursed also. Check with a local real estate attorney familiar with these matters, to guide you on how to proceed.