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Illegal conversion

Rights for non-regulated tenants

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Illegal conversion

Postby sabrina » Tue Jan 14, 2003 9:26 pm

I just found out that I am living in an illegal apartment. Because of problems with my landlady I was going to take her to Housing Court. Now I realize that my rights are minimal because of this illegal conversion, but do I have any rights at all? Does the Housing Court have any jurisdiction over disputes regarding illegal apartments?
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Re: Illegal conversion

Postby jot0n0 » Wed Jan 15, 2003 11:41 am

If you win in court, the most likely result will be LL will be ordered to evict YOU because the apartment is illegal and therefore cannot be rented out. You may recover some past rent due to LL cannot benefit for illegal act, but you will be looking for a new place to live. Try working out the problems with LL outside of court if you really want to continue living there.
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Re: Illegal conversion

Postby sabrina » Wed Jan 15, 2003 3:05 pm

OK, my next question: Can my ll get away with changing the locks, putting my stuff out, eliminating services, etc. because I live in an illegal apartment?
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Location: Brooklyn

Re: Illegal conversion

Postby jot0n0 » Wed Jan 15, 2003 3:34 pm

From Pointerout in response to another member's question,

"To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL ß749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law ß235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture."

If LL does lock you out you would need to call the police to get you back in, and if the LL bring eviction proceeding against you, the illegal apartment issue would surely come up and you would be evicted anyway, but you would be given a little time to vacate the premeises. If your relationship with the LL is so bad, it's a no win situation to try and stay there.
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Re: Illegal conversion

Postby myfairnicki » Sat Jan 18, 2003 12:36 am

What exactly is an illegal conversion and how did you find out?
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Re: Illegal conversion

Postby sabrina » Sun Jan 19, 2003 1:20 pm

I went to the Dept. of Buildings website and typed in my address. According to the database, my address should be a single family house. But the house now has three units. Hense, an illegal conversion. I know that my ll's brother did all the renocations and that the DOB has no record of permits, certificate of occupancy, etc.
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Location: Brooklyn

Re: Illegal conversion

Postby Lilly » Sun Jan 19, 2003 10:55 pm

and one more thing: I don't believe the LL is lawfully allowed to collect rent from you since the apartment is illegal (eg no C of O). The LL might be able to get "use and occupancy" but perhaps the judge will direct the LL to refund all or part of the rents that you paid.
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Re: Illegal conversion

Postby sabrina » Mon Jan 20, 2003 11:45 pm

Yes, Lilly, I know that I do not have to pay rent because tha apartment is illegal. But if I take the LL to court, the judge may order the LL to give me a refund, but the judge will definitely order me to move out because it is an illegal apartment. The judge may also be dutibound to tell the DOB that the apartment is an illegal conversion, which again means I will have to move out. There is no guarantee the judge will order my LL to give me back some of my money. And even if the judge does, there is no guarantee the LL will pay it. People don't always get the money they win in a lawsuit, espcially when dealing with individuals as opposed to companies.
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Location: Brooklyn

Re: Illegal conversion

Postby consigliere » Tue Jan 21, 2003 1:14 am

Tenants are not entitled to a rent refund if they paid rent when a building didn't have a proper certificate of occupancy.
 
Recent appellate court decisions have held that a landlord can't collect rent while there isn't a valid certificate of occupancy, but have allowed a landlord to collect rent retroactively after a proper certificate of occupancy is issued.
 
It might be possible for the landlord to legalize the conditions or file the proper paperwork to obtain a certificate of occupancy.
 
If the landlord can't obtain a certificate of occupancy, the landlord has to take the tenant to housing court or to state Supreme Court to evict or eject the tenant. The landlord can't seek rent or use and occupancy if it can't obtain a proper certificate of occupancy.
 
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