Posted by Cassie on June 15, 1999 at 22:39:03:
Before Ejectment Proceeding, 30-Day
Notice Is Not Needed for Tenants in
PLAINTIFF MOVED for summary judgment in an ejectment
proceeding against tenants in an illegal basement apartment.
Tenants argued that (1) the court did not have subject matter
jurisdiction, (2) plaintiff did not have standing to bring this
action, and (3) no 30-day notice to vacate was served on the
tenants. The court found that it had jurisdiction because the tax
assessment was valued under $25,000, that the plaintiff was a
life tenant and thus had a right to bring this proceeding and that
no notice was required before this ejectment proceeding. The
court said that any oral or written lease between the parties
was void, as it involved an illegal apartment. As no
landlord-tenant relationship could be created, no 30-day notice
was required. Plaintiff won summary judgment.
Cippollone v. Torres, Queens, Civil Court, Special Term,
Part 2, Judge B. Greenbaum. QDS:56701206.
That's a c&p from the NY Law Journal, 6/16/99:
OK, NOW, this really burns me: the landlord CREATED the illegal apt, now the judge say the TENANT is not a tenant and has NO rights: this is totally beyond disgusting. So now all of us renters are supposed to go to the Buildings Dept BEFORE we sign a lease to make sure all the T's are crossed? where else are we supposed to go? EPA? HPD? deeds registry? tax dept? DCHR?
This can't be right, legally. So these people appeal this @#^$#: but until then, will other judges use this against tenants ?????
And how do tenants get groups like PIRG to join the fight in the courtrooms?
ps: thanks for this place and all you regulars. I've been checking in here aand NYLJ every Tues night for a couple of months. I live in an illegal-3, did not know it was illegal when I moved in, some problems, not life threatening, still paying rent, looking to move to a LEGAL place.... especially after reading this case.
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