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Posted by Mark Smith on April 11, 1999 at 04:39:26:

In Reply to: Illegal Basement Apartment posted by J Miller on April 10, 1999 at 19:59:10:

You should consult a lawyer, who will probably advise you to stop paying rent. Because this is a two-family house with an illegal basement apartment in which you live, the landlord can't bring a non-payment or holdover eviction proceeding in housing court. The landlord would have to bring a more expensive and time-consuming ejectment action, probably in state Supreme Court. If there is no certificate of occupancy for a three-family house and/or no Multiple Dwelling Registration, you should not have to pay rent or use and occupancy in the future. Unfortunately, you can't get back the rent you already paid. However, you can still counterclaim for the bathroom sink, the garage access problems, and the conduct of the landlord's daughter and son-in-law.

: I currently rent a basement apartment that is illegal in a two family house. My landlords daughter and son-in-law moved in last year and life has been hell. I feel like I live in a prison. I rent the garage, now they want to pull the car in the driveway every night if my car is not in the garage by 9:30 they ring the bell. Back in Sept. her son-in-law threaten me. I went to the police to feel a complaint. Now its I can play the stero everything is a problem. I have been waiting since last July for a bayhroom sink. Do I have any rights or any recourse against her? and if I went to court what would my chances of get back all my back rent?

Follow Ups:

• Re: Illegal Basement Apartment Hawk 4/13/99 (1)
  • Re: Illegal Basement Apartment Anna 4/13/99 (0)

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Comments:
: You should consult a lawyer, who will probably advise you to stop paying rent.  Because this is a two-family house with an illegal basement apartment in which you live, the landlord can't bring a non-payment or holdover eviction proceeding in housing court.  The landlord would have to bring a more expensive and time-consuming ejectment action, probably in state Supreme Court.  If there is no certificate of occupancy for a three-family house and/or no Multiple Dwelling Registration, you should not have to pay rent or use and occupancy in the future.  Unfortunately, you can't get back the rent you already paid.  However, you can still counterclaim for the bathroom sink, the garage access problems, and the conduct of the landlord's daughter and son-in-law.

: 
: : I currently rent a basement apartment that is illegal in a two family house.  My landlords daughter and son-in-law moved in last year and life has been hell.  I feel like I live in a prison.  I rent the garage, now they want to pull the car in the driveway every night if my car is not in the garage by 9:30 they ring the bell.  Back in Sept. her son-in-law threaten me. I went to the police to feel a complaint.  Now its I can play the stero everything is a problem.  I have been waiting since last July for a bayhroom sink.  Do I have any rights or any recourse against her? and if I went to court what would my chances of get back all my back rent?


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