Illegal Eviction Tactic

[kelly kelly]

Hello, I live in a building with about 80 residential tenants and the landlord last year tried to increase our rent by 50% when the leaseholder left. I told him that the property had not even been renovated and we didn't even have a real kitchen. He said that we can take the increase with no repairs or move out. So I went to a lawyer who found out that the LL has 60 violations on the building and did not even have a residential C of O. We signed a retainer with the lawyer and he told the LL that he cannot collect any rent until he fixes all of the violations and gets a legal C of O.(It is a commercial building also, but we were all sure it was mixed use and that the LL had a right to rent to residential tenants) There are two apartments in this predicament, us and our neighbor, and we have been saving our rent for about a year now. Not paying rent feels weird, so we have all been feeling guilty not paying anything and continuing to follow the advise of our lawyer. In this time our utilities were turned off so we paid the outstanding balance by the old leaseholder and when the gas company came to turn the heat on, the inspector said that the heating system was not installed according to any code and there was evidence of carbon monoxide leaking into all of our apartments. We went to court to have the LL install an electric boiler and fix the gas and we won in court.
The LL abided by the court and sent an unlicensed handyman to fix our neighbor's gas, and we asked that they just replace the boiler to an electric one, and that we will get electric heaters.

Now a year has gone by and it seems like the LL is being cooperative. We had a fuse go off in the kitchen and we called him and he sent a repairman to turn on the fuse. Then recently, I get an e-mail from my neighbor saying that the LL is doing construction on the apartment upstairs and came by to see their apartment to see if it would be necessary to run sewage pipes from the apartment upstairs through their ceiling to connect to the main sewage line. Then I got another e-mail saying that the LL and his unlicensed plumbers looked at their apartment and said that they will not need to do any construction, but wanted to see our apartment also. Then I get a knock on my door from the LL and his plumbers the same day, and they said that they need to break through our bedroom ceiling, the wall connecting the bedroom to the bathroom, break the wall from the bathroom to outside the apartment and the wall joining our neighbors bathroom to ours...to run the sewage lines from the bathtub , toilet and sink from the apartment upstairs. I asked the LL where the main sewage line was and he pointed to the large pipe running outside the apartments on our floor.. in the hallway. So I said can you not just connect from upstairs directly to the sewage lines through the hallway instead of breaking holes in 2 ceilings and 4 walls inside 2 apartments? To which the LL replied well, I have to let my plumbers determine that.

Does this seem like an illegal eviction tactic? If we have no rental agreement and our following our lawyer's advice of not paying rent until things are brought to residential code, then how can we get the LL to fix anything if the plumbers botch the sewage installation and make our apartment uninhabitable? Our LL for some reason is hesitant to speak to our lawyer. When I see him I ask him to call our lawyer to negotiate so that we can come to some agreement. He also evades contacting our lawyer. So I called to ask our lawyer about this sewage line situation and he asked if we were the only ones having this done, which was yes, so our lawyer advised against it, said it didn't sound right and said from now on ask the LL to contact him for any questions.

Now the problem is that the LL has been "nice" so far. We don't want to aggravate him, or force him to take action at evicting us. We are kind of confused by the advice of our lawyer to not pay rent, and save it until the building is brought up to code. We are not used to not paying rent, so we have this stress of feeling like we can get evicted any day, and we don't want to loose our apartments.

Are we just paranoid? If we follow our lawyer's advice, can we be protected from the LL taking action against us? Are what the plumber's attempting to do standard procedure? It doesn't seem like standard, it seems more like possible complications that will make it difficult for us to continue living here.

What is your advice?

[TenantNet]

Plumbers don't decide where major building systems go. Architects do, and only with plans filed and approved by the Dept. of Buildings.

You can also hire your own architect to question and oppose what you are being told. If it's legal and within code, the LL does have certain rights. But it's common for the LL to avoid the rules.

I'd also check the zoning. You say it's partially commercial, but you don't get into specifics. This might fall under loft rules. If there are any commercial tenants above you, that might make your occupancy illegal (or the commercial tenant).

As to the heat, the LL must provide central heat. The Housing Maintenance Code § 27-2028:

“Except as otherwise provided in this article, every multiple dwelling and every tenant-occupied one or two-family dwelling shall be provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations of the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system if:

(1) the system is lawfully in use on July fourteenth, nineteen hundred sixty-seven; or

(2) the system is approved by the appropriate city agencies having jurisdiction and is installed in a structure or building erected, converted, substantially rehabilitated, or completely vacated, after July fourteenth, nineteen hundred sixty-seven.”

That means in most cases central heat is the rule.

Was the conversion to space heaters done recently? Ask other tenants. See if they have space heaters or if it's just you. The LL would have had to file for a permit with Dept. of Buildings, so you can see if the permit is valid, or if he lied on the permit. Also see if the building has apparatus for central heat. Are there old radiators anywhere? What a about a boiler in the basement, or place where a boiler would have been, or might the building have been heated by Con Ed Steam? And how is the water heated?

[kelly kelly]

Thank you for your response.

The heating/hot water problem was soved. I just put the whole story in my original post. Our biggest concern here is whether or not allow the LL to go through with this construction, which might potentially make our spaces uninhabitable. 60 tenants already live in this building and the LL told the city;s attorney that he was in the process of getting a residential C of O. Your advice sounds right: plumbers don't decide on major construction, architects do, and with approved plans from the DOB. We are going to ask the LL to speak to our lawyer regarding this matter, as our lawyer had advised.

Thank you!

[TenantNet]

You may have "solved" your heat issue, but it might also be illegal.

[Sky]

Go here to the NYC Dept. of Buildings (DOB):

http://www.nyc.gov/html/dob/html/home/home.shtml

Near the upper right, enter your building number, street, and borough.

Your building's property profile page should come up.

Look near the bottom on the left hand side for the heading Jobs/Filings and click on that. It will take you to a list of renovation/repair jobs filed with the DOB. The more recent applications are at the bottom of the list. Read the brief description and click on the job for more details. Look to see if anything resembles the plumbing job now taking place in your building/apt. Look at the dates for clues to whether the job was recently applied for or if it was filed 10 years ago.


Go back to the main Property Profile Page and at the right hand column near the bottom of the page, find Permits In-Process/Issued and click on it. You should see a page listing DOB permits issued for work on your building: look for a plumbing permit describing or referring to the work now being performed in your building/apt. If you do not see a valid, unexpired permit for this work, it likey means the work is illegally being performed without a permit. If so, call 311 and place a complaint to DOB about 'illegal plumbing work taking place without a permit', list the apartments.

If the LL is breaking through walls, he'll need a construction permit. Go to the DOB website and look for a job application that describes the work and an active permit for such work: if there isn't one, the work is likely being performed illegally. Call 311 and make a complaint to DOB about illegal construction work, describe what is being done in what apartments.

If your's or other tenants' waste line is screwed up due to this plumbing, call 311 and make a complaint to the Dept. of Health for dangerous and unsanitary conditions relating to illegal work on waste/sewage piping.

That should get the ball rolling.


If this post has any effect on what's happening in your building, report back so other tenants can benefit from the feedback.


Oh yeah, listen to your attorney. Your just being paranoid.