just found out that my apartment is illegal

[denise70]

my landlord just passed and his daughter inherited the house, she told me that the apartment is illegal and she wants me out in 5 weeks.

for the record I had no idea this place was illegal, I got it through a realor, I still have the lease. plus I can prove that the LL collected rent, I have the receipts from FEMA.

can she do this? anyone had such an experience? what can I do? input is very appreciated.

[denise70]

PS-I'm not sure if the apartment is regulated and the lease expired years ago

[concord]

It is possible that the daughter mistakenly believes that it is illegal. You should not feel compelled to vacate based solely upon her proclamation.

Maybe she just wants you out so that she can occupy the unit herself or to rent it out to a friend of hers.

Either way, if you have a lease it is very unlikely that she can immediately get you out before the expiration of the lease. The only way, that I am familiar with, for that to happen is for an inspector to visit the premises and to have his agency order you out quickly due to a hazardous condition.

Ask the daughter what is illegal about the apartment. Then, post her answer here in the forum. You may be able to work something out with the daughter so that the illegal element can be resolved without you needing to vacate.

Illegal elements [code violations] can be corrected to make the apartment legal while you live there.

(If the daughter refuses to give you an answer then there probably is nothing illegal.)

[denise70]

it is illegal, I check online. it's a 2 family house, I'm renting the basement

[TenantNet]

Concord, why didn't you point the OP to the section on Illegal conversions?

http://tenant.net/phpBB2/viewtopic.php?t=4954

[concord]

Tenantnet:
Probably for the same reason for which I haven’t nominated the next Supreme Court judge.

Denise70:
The link that Tenantnet provided contains the following segment of which I found parts 7 and 8 to be pretty interesting.

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The Basics

This much is certain: A multiple dwelling, according to the Multiple Dwelling Law (MDL), is a “dwelling which is rented, leased, let or hired out, to be occupied, or is occupied, as the residence or home of three or more families living independently of each other.”[3] The MDL requires landlords and owners to register all multiple dwellings located in New York City.[4] Failure to register these dwellings results in barring the landlord from collecting rent.[5] A multiple dwelling may not be occupied absent a duly issued certificate of occupancy (c/o) attesting to MDL compliance.[6] Landlords that rent an illegal apartment—premises not covered by an existing c/o, either with no c/o or with a c/o but nonconforming use—violate the MDL and are subject to penalties.[7] Penalties include that “[n]o rent shall be recovered by the owner of such premises for said period, and no action or special proceeding shall be maintained therefor, or for possession of said premises for nonpayment of such rent.”[8] Tenants may not, however, recoup money voluntarily paid as rent for the illegal premises or to obtain a stay.

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