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Posted by Anna on April 13, 1999 at 09:15:51:

In Reply to: Re: Illegal Basement Apartment posted by Hawk on April 13, 1999 at 02:05:48:

: I agree with Mark.

: Although the landlord will be able to commence a non-pay or holdover in Housing Court, the landlord will not be successful in such proceeding -- assuming you are correct that there is no certificate of occupancy for your apartment. The lack of a c of o is an excellent defense to a Housing Court proceeding. However, witholding rent will likely make a bad situation worse -- pissing off the landlord and his or her family. Please consult with an attorney to help you plan on how to best cope with this unfortunate situation.

: Good luck!

you can also search this message board: there were several posts concerning illegal 3'rd apartments recently, some answers gave more detailed info and/or include links to helpful agencies in Queens, DOB (buildings), Shulman (Schulman?)etc. try using 'third', 'Queens', 'building', 'basement', instead of 'illegal'.

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Comments:
: : I agree with Mark. 

: : Although the landlord will be able to commence a non-pay or holdover in Housing Court, the landlord will not be successful in such proceeding -- assuming you are correct that there is no certificate of occupancy for your apartment. The lack of a c of o is an excellent defense to a Housing Court proceeding. However, witholding rent will likely make a bad situation worse -- pissing off the landlord and his or her family. Please consult with an attorney to help you plan on how to best cope with this unfortunate situation.  

: : Good luck!

: you can also search this message board: there were several posts concerning illegal 3'rd apartments recently, some answers gave more detailed info and/or include links to helpful agencies in Queens, DOB (buildings), Shulman (Schulman?)etc.  try using 'third', 'Queens', 'building', 'basement', instead of 'illegal'.


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