ILLEGAL APT -- LL Evicting Tenant - She Called Housing

[delena76]

I live in an illegal apartment in Kew Gardens. I checked the COO (certificate of occupancy) AFTER I moved in to find that there are only suppose to be 3 apartments in the building but he converted mine and the apartment next to me into two one-bedroom apartments. We share the gas/electricity and it is included in the rent.

Last night the tenant next to me tells me that the landlord gave her 30 days notice to vacate. She said she was planning on moving anyway but she can't move by October 1st. So she tells me that she also called housing since she knew that the apartments were illegal. She said she just wanted me to be aware in case someone comes knocking on my door. I don't know if someone from housing told her this but she said "so they will knock down the wall seperating our apartments and you'll get the whole apartment and your rent won't increase".

If they force him to do that what does that mean for me?
Will I be forced to move?
Will I have to continue paying rent if I'm living in an illegal apartment while I search for a new place to live?
What, if any, are my options?

Thanks for all comments/questions.

[jkgal]

Hello,

When you say 'housing', do you mean the New York City Housing Authority (NYCHA), which is often referred to in speech as 'housing'? They do have apartments in smaller buildings, but this doesn't sound like one of them.

I'd immediately go to the New York State Division of Housing and Community Renewal (DHCR), located in Queens (check the website for the address: www.dhcr.state.ny.us/), and see if your apartment is registered. Maybe it's not actually illegal.

I'm sure that other posters here on tenant.net will be able to assist you more than I. I just thought I'd chime in..... (good luck)

jkgal

[TenantNet]

If someone said to me that they called "housing," I would take that to mean either HPD or DHCR. And some people get confused and think that means Dept. of Buildings. It can be confusing.

[delena76]

Thank you for your replies.

I'm not sure what she meant by housing but I would side w/ TenantNet on that one but I will most definitely ask her exactly who and get the number as well.

And it is illegal because like I stated I checked the COO online. The building is registered to have 3 apartments - one on each floor, not 2. That explains why the gas/electric is included and there are only 3 meters on the side of the building. They also have notes on the COO that says they tried to gain access to the building to inspect but someone saying he was the landlord's "brother" said the landlord wasn't home and they never gained access. I've spoken to the other tenants and his so-called "brother" never lived there. It was probably him that told them that lie.

[jkgal]

Hello,

I know it might seem counterintuitive, but there's still the possibility that the apartment isn't illegal. I don't have real knowledge about this sort of thing, but simply because a C of O says something, I'd not assume that anything NOT on the C of O is illegal. There may be a way it's legal. So, find out!

I mean, some buildings don't even have C of Os, and those apartments ARE legal (and I lived in one of those buildings, I know). Don't ASSume (or you make an ASS of yourself, someone told me.....) I say that with all best wishes, of course.....

jkgal