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Posted by John on February 16, 1999 at 23:00:15:

In Reply to: Re: Eviction Notice posted by Mark Smith on February 16, 1999 at 09:53:18:

Thank you Mark.

: I would consult an attorney immediately. He/she will probably advise you to stop paying rent, because the Multiple Dwelling Law prohibits the collection of rent or use and occupancy in a situation like this, where the landlord has created an illegal multiple dwelling (3 or more units).

: If the landlord brings you to housing court for a holdover or non-payment of rent proceeding, the case will probably be thrown out for failure to have a proper multiple dwelling registration, even with a month-to-month tenancy. The landlord will then have to bring a slower and more expensive ejectment proceeding in New York State Supreme Court. You should ultimately not be liable for rent or use and occupancy as long as this is going on. However, you will not be able to get back the rent that you have already paid.

: The landlord is required to install window guards if you request them or if there is a child under the age of 11 in the unit, and you should make a formal complaint if the landlord doesn't do so.

:
: : The Landlord of this month to month apartment has served me an eviction notice, I promptly went down to the department of buildings, and retained a copy of the Certificate of Occupancy. I found that this is listed as a 2 family, but there are 4 families here. Can this information help in my eviction defense.

: : Also, does the landlord of this private house have to conform to the Window saftey guard law. When I moved in 5 years ago, I asked him and he never replied. Now I have a newborn, and still no window guards. I am on the first floor of a 2 story house.

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Comments:
: Thank you Mark.

: 
: : I would consult an attorney immediately.  He/she will probably advise you to stop paying rent, because the Multiple Dwelling Law prohibits the collection of rent or use and occupancy in a situation like this, where the landlord has created an illegal multiple dwelling (3 or more units).  

: : If the landlord brings you to housing court for a holdover or non-payment of rent proceeding, the case will probably be thrown out for failure to have a proper multiple dwelling registration, even with a month-to-month tenancy.  The landlord will then have to bring a slower and more expensive ejectment proceeding in New York State Supreme Court. You should ultimately not be liable for rent or use and occupancy as long as this is going on.  However, you will not be able to get back the rent that you have already paid.

: : The landlord is required to install window guards if you request them or if there is a child under the age of 11 in the unit, and you should make a formal complaint if the landlord doesn't do so.

: : 
: : : The Landlord of this month to month apartment has served me an eviction notice,  I promptly went down to the department of buildings, and retained a copy of the Certificate of Occupancy.  I found that this is listed as a 2 family, but there are 4 families here.  Can this information help in my eviction defense.

: : : Also, does the landlord of this private house have to conform to the Window saftey guard law.  When I moved in 5 years ago, I asked him and he never replied. Now I have a newborn, and still no window guards.  I am on the first floor of a 2 story house.


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