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HP action for illegal use?

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HP action for illegal use?

Postby chinatown blues » Mon Apr 11, 2011 2:04 pm

Can you file an HP action against your landlord if other spaces in your building are being used for prostitution and for gambling? Or are HP actions only for heat/ hot water types of issues? What's a good recourse to follow if there's illegal use in the building?

I called 311 with this question and the person on the phone wanted to transfer me immediately to 911 - I hung up before they did so because I'm scared of retribution if I start doing such things. Any thoughts?
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Postby TenantNet » Mon Apr 11, 2011 2:37 pm

Perhaps they thought you were wanting to report a crime in progress. But Bloomberg's 311 has never had operators with that much upstairs.

On the question, search for Bawdy House law or just "Bawdy" on this site. I don't believe a HP action is the way to go, but I wouldn't say it wouldn't work either. Another way to prompt a lazy landlord is to withhold rent, but that would be very tricky, involve your ability to prove what is going on, and likely would need a number of tenants joining in. Whatever happens, you need to have a tenant association in the building. Power in numbers. And create a committee ... do not be one individual as the LL or the person involved in the criminal behavior could come after you.
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Postby chinatown blues » Mon Apr 11, 2011 4:51 pm

Thanks for the answer. In this case, there isn't power in numbers because our apartment is the only residential one in an otherwise commercial building. No other tenants except us four in the apartment and the primary tenant (the one on the lease) is a major creep. The second tenant is his girlfriend. The third tenant is sane but scared to get involved. Frankly, I'm scared to get involved too, and don't really want the mob, or whoever those people are downstairs, deciding they have a beef with me.

I just want to know what I COULD do as a way to try to get out of my lease pronto, and without penalties. Again, the primary tenant is a creep and I'm sure he'd love to keep my security and last month's rent if I left on short notice.

I also am curious if I could potentially sue my landlord (or even the subtenant, since that's who I have an agreement with) for this type of condition, or would I just be laughed out of court?
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