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Asked to leave illegal basement apartment with no warning

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Asked to leave illegal basement apartment with no warning

Postby edzyy » Tue Mar 01, 2022 10:38 am

Hi all:

I currently rent an illegal basement apartment in The Bronx. Been here 4 years. A new tenant moved above me and said to the landlord that she hates the smell of weed. I myself am 420 friendly and smoke daily. I've never gotten a complaint about it in the past, but yesterday morning my landlord knocked and told me I was evicted due to weed smoke and have to vacate the property in 7 days.

I had no idea this was an illegal dwelling until one year into being here(Got the apartment through a realty firm) I've always paid in cash also. There is no lease. This is a month to month.

What sort of rights do I have here incase I come home one day and the locks are changed or my stuff is outside?
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Re: Asked to leave illegal basement apartment with no warnin

Postby TenantNet » Tue Mar 01, 2022 2:19 pm

First, I would be very careful about basement units. They can be dangerous (aside from being illegal). First, know the difference between a basement and cellar. Then see here: https://www1.nyc.gov/site/hpd/services- ... ellar.page
As you probably know, more than a few people died last year due to flooding of these units.

As for weed, I don't know the current state of legalization in NYC, NYS or federally. I just haven't followed the issue. I don't hate the notion of grass, but have lost interest as I got older.

But whether you like it or not, it does have an odor, and it can be a problem to neighbors. Look at all the current rules on smoking tobacco where a LL can prohibit smoking in common areas, and can prohibit it within apartments to a degree. For unregulated tenants, they can insert new non-smoking rules whenever a renewal comes up (and it a tenant doesn't like that, the LL can evict them). Rent Stab tenants have bit more luck as the LL cannot legally change the lease. If recreational weed is still illegal, that would supersede anything in a lease.

As for eviction, they can't legally evict you without proper court process, and that can't be done in 7 days. Go to the police and complain about a potential illegal eviction. Talk to a higher-up in your local precinct, a captain, sergeant or lieutenant, not the regular beat cop. Look up illegal evictions on this site and have a copy of that with you (get the most recent version though).

If the owner tries anything without a court order, then get the police involved. Have a copy of something that shows this is your apartment, perhaps a lease or a utility bill ... something. Carry with you whatever evidence you might need; if they lock you out, you won't be able to get inside.

Be proactive BEFORE something happens. We find most beat cops are too lazy to follow their own department procedures, and often side with landlords. (also, we've heard that the police procedure has been updated and the documents on this site are not the most current, so try to get the most recent versions).

You might have legal recourse against the LL and maybe even the broker for intentionally renting an illegal place. And if illegal, there might be an argument that the court might not have jurisdiction. I would get a legal consultation.

Of course it goes without saying that you should probably clean-up any evidence of weed smoking.
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