Eviction Holdover with improper MDL on petition

[nyctenant53]

I became unemployed in 2008. In October, with my savings going low and unemployment expiring, my wife approached HRA for help with rent arrears.

The paperwork was misfiled as ongoing assistance rather than rent arrears help. By January, now 4 months behind in rent, we got the paperwork to the proper agency - Homeless Diversion Project.

HDP continued contacting my landlord to verify the amount of rent arrears. He refused to return their calls.

He, then, served me with a notice to quit in January. My lease expired on March 31, 2009. I went to housing court on April 14. During the time I was served and housing court, it was discovered that the apartment we had been renting for 4 years was illegal. A 2-family turned into a 3-family. We do not live in a basement or cellar, but rather a walk-in ground floor (a converted recreation room).

On the holdover petition, it was listed as a 2-family house and the landlord admitted that the apartment has been illegal since it's creation in 2001.

Question 1: Can I file a motion to dismiss since the petition is wrong? Again, it is listed as a B2 by DOB rather than C0.

Question 2: Since I have still been unable to find an apartment that is (a) legal, (b) affordable and (c) in a safe area, if my motion to dismiss is denied, how much time can I expect to get before I must move?

Question 3: Can I sue the landlord for fraud (or something along those lines) since he knowingly rented an illegal apartment and recover all the rent I have paid since moving in?

Any and all help I can receive would be helpful.

I do not have the money to hire a lawyer and no community group (i.e. Legal Aid) will represent us since the apartment is illegal.

Thank you