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Posted by Mark Smith on August 03, 1999 at 21:20:31:

In Reply to: I just found out that my apt.is illegal (rent dispute has been going on for 6 mos.) posted by cecy on August 03, 1999 at 18:58:38:

Do you have a written lease? Does it have a clause that provides that you pay the landlord's attorneys' fees if he successfully sues you? If so, hire a lawyer to defend any future non-payment proceedings, and the landlord may have to pay your attorneys' fees [Real Property Law §234].

You would have two basic defenses for not paying rent or use and occupancy charges: (1) the building lacks a proper Certificate of Occupancy [Multiple Dwelling Law §301 and §302], and (2) the building lacks a Multiple Dwelling Registration [MDL §325].

And you probably have a counterclaim for the robbery, although your attorney might suggest a separate civil court action instead of a counterclaim in housing/landlord-tenant court.

: I had posted a while ago...6 apts. in my building in SI had been robbed whoever entered had a key
: to all of the apts. Well I stopped paying rent in March and the landlord was in the process of getting me
: evicted due to non payment I was counter suing him for the amount of my loss due to the robbery. The judge
: accepted my order to show cause w/ his negligance. The judge even went as far as
: having the police reports from other apts. (also robbed) supeoned. (sp?)
: I just found out that he has since dropped the case because of incorrect information on the court papers
: (ie. 4 room apt. on the second floor) When I really live in a 2 room apt. in the basement. He stated that he will be
: starting up a new eviction case in a few days. I had been meaning to visit the Dept. of buildings since my LL
: kept stating that I live in a condo - I always thought that it was an apt. Well I finally got there yesterday
: and found out that my building should be registered as a Multiple Dwelling But it is Not. Any idea's on what I should
: do about this ? The women at the DOB told me to me to make sure that I tell the judge
: that it is improperly registered. How / Can it help me in court ?
: Any help would

Follow Ups:

• Re: I just found out that my apt. is illegal (rent dispute has been going on for 6 mos.) cecy 8/04/99 (1)
  • Re: I just found out that my apt. is illegal (rent dispute has been going on for 6 mos.) Mark Smith 8/04/99 (0)

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Comments:
: Do you have a written lease?  Does it have a clause that provides that you pay the landlord's attorneys' fees if he successfully sues you?  If so, hire a lawyer to defend any future non-payment proceedings, and the landlord may have to pay your attorneys' fees [Real Property Law §234].

: You would have two basic defenses for not paying rent or use and occupancy charges: (1) the building lacks a proper Certificate of Occupancy [Multiple Dwelling Law §301 and §302], and (2) the building lacks a Multiple Dwelling Registration [MDL §325].  

: And you probably have a counterclaim for the robbery, although your attorney might suggest a separate civil court action instead of a counterclaim in housing/landlord-tenant court.


: :        I had posted a while ago...6 apts. in my building in SI had been robbed whoever entered had a key 
: : to all of the apts.  Well I stopped paying rent in March and the landlord was in the process of getting me 
: : evicted due to non payment I was counter suing him for the amount of my loss due to the robbery. The judge 
: : accepted my order to show cause w/ his negligance.  The judge even went as far as 
: : having the police reports from other apts. (also robbed) supeoned. (sp?)
: :  I just found out that he has since dropped the case because of incorrect information on the court papers 
: : (ie. 4 room apt. on the second floor) When I really live in a 2 room apt. in the basement.  He stated that he will be 
: : starting up a new eviction case in a few days.  I had been meaning to visit the Dept. of buildings since my LL 
: : kept stating that I live in a condo - I always thought that it was an apt. Well I finally got there yesterday 
: : and found out that my building should be registered as a Multiple Dwelling But it is Not.  Any idea's on what I should
: : do about this ? The women at the DOB told me to me to make sure that I tell the judge
: : that it is improperly registered.  How / Can it help me in court ?   
: : Any help would 


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