What is the Legal Course of Action to take

[quartz]

I live in a 2 Family Rental Brownstone in Brooklyn
It is not registered as one, we have only one mailing address, all mail comes to this one address and I sort it for both tenants.
The owner lives outside the country.
The building does not have a Building Manager.
I pay for all the heat and electricity (as agreed on the rider to my lease).
I was told by the owner by email he would renew my lease for another two years.
But in the meantime he is trying to sell the house, wont reply to my email(only mode of communications with owner) if it is true that he is trying to sell the house.

I found out from reading the law that he is in VIOLATIONS OF some CITY LAWS:
1. Not registering the house as a two family rental property.
2. Not having a building manager as he lives outside the country( 50 miles or more from the city)
3. The lease we ( both tenants) signed is invalid due to some of the clauses in the lease i.e. Paying for Gas and Electricity for entire house, having not the ability to deduct any expenses incurred to fix problems on the house from rent etc.
4. The house is declared as his Permanent residence. I am told that one cannot claim a property to be a Permanent residence where you dont live and claim income from such property. ( Tax liabilities are at issue)

I am looking for advise on how to proceed with the owner. Do I have any legal rights going forward and could I bring it to the notice of the authorities. I am told by many people that if it is not Registered as a two family appartment, then I could stay indefinately, until the matter is resolved and not pay rent.
I dont wish to proceed on anything without legal advise and or guidance to what steps I should take.

[marty]

It is Illegal for you to pay for the heat and electricty for both apartments, no matter what the lease says.......UNLESS the landlord has stated that your rent is less by say $200 a month then what the other tenant is paying, as compensation for paying all of the bill, then the landlord could maybe get away with this.

Otherwise Its time to call Con Ed and have them investigate, i would also think about witholding the rent.

And let a judge decide how much you should get back, even at worst the bill should have been split in half and the other tenant pays you their half.

here's the link:

http://tenant.net/Rights/Utility/utilch08.html

<small>[ April 19, 2002, 08:24 PM: Message edited by: marty ]</small>

[dakellner@kcdlaw.com]

A two-family house is not a multiple dwelling. Therefore, the multiple dwelling law does not apply.

The New York City Housing Maintenance Code does apply, but note that a two-family house is a "private dwelling" and the rules are not as strict. 27-2005 specifically provides that the owner and tenant may contract to have the tenant perform the owner's duties under the HMC.

You are correct that the owner must register if he or she does not live in the city and the registration must designate a managing agent. HMC §27-2097. The penalty for failure to register is that the landlord cannot bring a non-payment proceeding to collect unpaid rent until he registers.

So, you would be within your legal rights to withhold your rent until your landlord engages a managing agent and registers. Perhaps you should use this as a threat to negotiate a solution.

[consigliere]

The Rent Guidelines Board has the complete Housing Maintenance Code available on its website.