Hello,
I suspect that my apartment may be an illegal dwelling and would like to call out my landlord. It is a 1st floor apartment with a spiral staircase that leads down to the basement. After inspecting the certificate of occupancy I have discovered that the cellar is listed as B-2 (storage, laundry, boiler room, accessory parking), which is a different classification than the residential apartments on the 1st and above floors. All the doors in the basement have "storage" tagged on the door.
The basement has flooded several times since I moved in.
Is it possible that this is a legal unit? If it is illegal what would the penalty be?
I've heard it said that I may be able to receive the back rent I've paid on the apartment.
Any and all clarification is welcome.
Thanks
I've been reading these previous cases that may shed some light :
Case Caption:
East 82 LLC v. Friedman
Issues/Legal Principles:
Tenant occupying illegal space which does not conform to residential certificate of occupancy may be evicted since it is impossible to correct the illegal condition, but landlord is not entitled to collect the rent.
Section 52
5. a. Except as otherwise provided in paragraph b of
this subdivision, every stair constructed after April
eighteenth, nineteen hundred twenty-nine, leading to a
cellar or basement from the first story above shall be
entirely enclosed with fireproof walls and be provided
with fireproof doors and assemblies at both top and
bottom, with the doors self-closing; except that, in a
non-fireproof multiple dwelling erected before such
date, where such a stair is permitted such enclosing
walls may be fire-retarded.
b. When the first floor or a part thereof, in a fireproof
multiple dwelling, is used for business purposes, a
stair leading to a cellar or basement from such
business space shall be enclosed in fireproof walls
having a fire-resistive rating of at least three hours
and be provided with a fireproof door and assembly at
the bottom, with the door self-closing. No opening
shall be permitted between such business space and the
remainder of the dwelling.
4. No winding stairs shall be constructed in any multiple
dwelling.
*The staircase has no doors on it.
Sounds like I have a possible case?