TenantNet Forum

Where tenants can seek help and help others



Possible Illegal Apartment/Storage in Brooklyn? Please help

Issues unrelated to specific categories below

Moderator: TenantNet

Possible Illegal Apartment/Storage in Brooklyn? Please help

Postby tapiocatundra » Mon Apr 22, 2013 12:27 am

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?
tapiocatundra
 
Posts: 1
Joined: Mon Apr 22, 2013 12:25 am

Postby TenantNet » Mon Apr 22, 2013 2:06 am

Putting aside all the cases you cite, you won't be able to get "back rent." In some cases, i.e., bad HPD registration, problems with C of O, and so on, there might be a prohibition to seeking unpaid rent, but that's not the same thing as back rent that you've already paid.

Many old buildings do not conform to what the law states. They might be noncompliant, but it doesn't make the situation necessary illegal. Whether some areas in a building are used exactly as an old COO states, that gets into interpretation and many grey areas. Maybe you have an entrance to the basement that should have a door on it. It also depends what you lease says about the size of your unit and if any parts of the basement are considered to be part of your apartment. And it could depend of it's a basement or a cellar (those are different things).
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby 10ants » Tue Apr 23, 2013 10:13 am

It isn't clear from your posting whether you have a legal first floor apartment, but chances are, if it has a window, it is ok.

I've seen plenty of basements reconfigured as (ahem) rec rooms. Technically, you aren't supposed to sleep in them, but using the space is legal, and there's no provision for fire doors around a staircase within an individual unit.

Finally, circular stairs are ok as long as they aren't the sole means of egress.
10ants
 
Posts: 141
Joined: Wed Jul 29, 2009 11:44 pm


Return to NYC General Discussion

Who is online

Users browsing this forum: No registered users and 40 guests

cron