Legal Question in Real Estate Law in New York
Illegal Two Family Houses
If a landlord rents the basement of his ''two'' family house, as an apartment, is this legal? (This would make it 3 apartments)I s this considered illegal occupancy? Does this make the lease illegal for the tenant in an upstairs apartment?
2 Answers from Attorneys
Re: Illegal Two Family Houses
The basement apartment is probably illegal and a building code violation.
The other two apartments are legal and their leases are probably not affected.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Re: Illegal Two Family Houses
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Your question does not contain enough details to make a firm answer. There are too many variables to consider. Variances may have been sought and given. The third apartment may be a legal non-conforming, pre-existing use. It could be a legal mother/daughter. There are other possibilities.
If it is illegal, the ability of the other tenants to get out of leases may depend on the wording of the laws in the community, although I feel it generally will not be possible.
Worse yet, if it is illegal, there is also a chance the building could be condemned or shut until restored to a legal condition forcing tenants out who want to stay.
Good luck.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel Attorney at Law 516-312-9900
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