Legal Question in Real Estate Law in New York
Withholding rent on illegal apt.
Have been residing in illegal bsmt.apt.in 'three' family house for 7 yrs. New owners have cut my gas. I have taken court action with ''HP'' in NYC.Was told I do not have to pay rent. Would like additional confirmation on that to feel more secure in my position.
1 Answer from Attorneys
Re: Withholding rent on illegal apt.
NYC code denies any landlord without a proper certificate of occupancy the ability to bring an action to collect rent. This rule is universally applied to the illegal unit, less universally to otherwise legal units in the house. In addition, a landlord must register a three family house as a multiple dwelling. An illegal three is a "de facto" multiple dwelling, required to be registered but unable to be registered due to the illegal unit. Once again, the landlord is barred from proceedings to collect rent. The landlord may get the premises back by an "ejectment" proceeding and the tenant may not recover any money voluntarily paid. If you have any other questions, I can be reached at 516-780-0270.
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