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Re: Certificate of Occupancy

Posted by New York Tenant on May 16, 2001 at 08:51:14:

In Reply to: Re: No electricity and more posted by sd on May 16, 2001 at 05:25:16:

The Department of Buildings issues certificates of occupancy. Check with their borough office. It sounds like this may have been a single-family house that's being converted (illegally?) into a multiple dwelling.

I doubt that Legal Aid or any other free legal service organization will be able to help you. You should probably take the money that would have been used to pay rent to hire a lawyer.

If Multiple Dwelling Law 301 applies, you won't owe any rent until a Certificate of Occupancy is issued, and you won't owe rent retroactively.

Real Property Law 234 may let you recover your attorneys' fees if your lease has a provision that requires you to pay the landlord's attorneys' fees.

: :
: : You should check to see if the landlord has a new Certificate of Occupancy for the remodeled building. If not, it may be best to consult a lawyer, who might advise you not to pay any rent [Multiple Dwelling Law 301], until the landlord gets the C of O. The landlord might have to pay your lawyer's fees.

: I guess I consult DHR about the Certificate? And is this something Legal Aid would handle? I have NO money.

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