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bedroom size

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bedroom size

Postby bkr67 » Sun Feb 10, 2013 5:44 pm

I am a rent regulated tenant and noticed that my 2 bedrooms are particularly small, smaller than the 80 square feet required by the building code. I suspect that the original apartment was a one large bedroom that was converted into a two small bedroom apartment. Each bedroom is less than 67 square feet. Is this legal and what recourse do I have?
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Postby TenantNet » Sun Feb 10, 2013 8:34 pm

Depends on when the building was built, if there is a Certificate of Occupancy (and what it says), and if it's been altered along the way.
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bedroom size

Postby bkr67 » Mon Feb 11, 2013 12:01 am

It was built in 1900, there is no certificate of occupancy on file with the city, according to the BIS. It was originally a 1 bedroom and converted to a 2 bedroom 15 years ago.
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Postby TenantNet » Mon Feb 11, 2013 12:52 am

Buildings erected prior to 1939 do not need COO unless altered. My point was that you could talk to older tenants and/or compare it to other similar units in the building or the particular line. Sounds like you have already done that.

Yes, it sounds like that would be illegal.

Legality also depends on windows for light and air, and egress in case of fire. Those are real concerns.

This would likely be a Housing violation (HPD) as well as a DOB violation. Make sure your research is sound, then make complaints to HPD and DOB. The LL could remove the wall (assuming it is not load-bearing) or make the situation legal, if that is possible.
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bedroom size

Postby bkr67 » Mon Feb 11, 2013 7:38 am

There are windows in each room both of which face the street, one of which has access to a fire escape. It was a one bedroom originally when compared to the other apartments in the same line. If there is a violation and the landlord has to remove the wall, what are my remedies? There are two people that live here one for each bedroom.
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Postby TenantNet » Mon Feb 11, 2013 10:06 am

You could bring a HP Action in Housing Court, or withhold rent, and be brought into Housing Court by the landlord.

In either case, you will need a violation. Check the Housing Maintenance Code and Multiple Dwelling Law for specifics (you probably have already). For DOB, check the Building Code, but the violation there would not necessarily be housing standards, but construction without a permit, or zoning laws (which DOB administers). And it might help to get an opinion by an engineer or architect.

I would get the violation on record first.
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