Illegal Apt Being Converted Back to Legal Apt

[delena76]

On my floor there is only suppose to be one apartment (saw the COO and when the inspector came and took pictures of my apartment he had the COO with him and confirmed it).

The tenant in the other apartment moved out in January. She told me she stopped paying rent since July 2008 and he was taking her to court to evict her plus get back rent but she needed to prove that the apartment was illegal so she wouldn't have to pay the back rent. Inspector came around November 2008 and took pictures of her apartment. The day he was suppose to come and take pictures of mine while she was still living there, I wasn't home.

My LL is now is telling me that he wants to seal up the other apartment door on my floor and break down the wall in my apartment so that the inspector from the DOB can come and take his pictures, see that it's legal and then when it's done, he will put the wall back up. Outrageous, right? Well I told him so and told him THAT was illegal and he cannot do that.

Now he is trying to negotiate with me. Currently I pay $1150 (month-to-month tenant, non-regulated 1 bedroom apartment) and that includes the gas and electric bill. He told me that he would break down the wall, remove the kitchen in the other apartment (making it a 2 bedroom, 2 full bath apartment with 2 balconies) and I could have the entire apartment (the way it should be as stated in the COO) for $1350 NOT including gas and electric. So my rent would increase by $200 and then I'd have to pay for my own ConEd bill.

My question is: can he legally raise the rent on me since it was an illegal conversion which he is now trying to make legal?

[concord]

It appears that you are saying the following:

--A--
Your apartment is legal.

--B--
The other apartment is illegal according to a determination by the DOB inspector.

--C--
The landlord wishes to make things legal by making a modification involving your apartment.

-----------

If all of that is correct then it appears that the landlord wishes to inconvenience you in order to correct a violation of his. On the face of it, this sounds outrageous. You should not be burdened by your landlord’s problem.

It appears that your landlord has discovered that he will be unable to legally rent out the neighboring apartment. If he combines it with your apartment (by simply knocking down a common wall) then there shall now only be one big apartment on that floor (as is registered with DOB).

Assuming that you are not vulnerable to an easy eviction upon your lease expiration, here is what I would do in your shoes.

Let him tear down the common wall. Substitute it with an interior locking door. You then sublease the other space to another tenant for $900/month including all utilities. That tenant can alternatively use the outside locking door to enter the portion of your apartment that you have subleased. You and the landlord then split the $900 down the middle on a monthly basis.

That way, you are somewhat rooted in there and everybody is cashing in and is happy. Your landlord just wants to keep seeing the money roll in every month. That is his main concern.

Otherwise, if you are not rent-stabilized, you may be susceptible to an eviction upon your lease expiration. I am not familiar with lease renewal rights for non-stabilized tenants.

I think that my advice is probably totally compliant with regulations. What is not so kosher about it is that you are putting a squeeze on your landlord by capitalizing on his greed. If my advice is inappropriate I respectfully ask that the site’s management delete my posting.

If you go down such path be sure to cover your back in the event that the subleasor vacates or that you should vacate. You don’t want to be liable for the subleasor’s portion of rent owed to the landlord.

[delena76]

Thanks for your prompt reply concord!

Yes to A, B and C.

I don't feel comfortable with your suggestion because it seems like it would involve me doing something that is either a) illegal and/or b) morally wrong. But I really do appreciate your reply.

In the end I would LOVE to have the entire apartment: 2 bedrooms, 2 FULL baths AND 2 balconies would be great! This neighborhood has everything I want and need as well. Under normal circumstances I think $1350 for this type of apartment (built in 1994) would be reasonable but it's unreasonable for me to be inconvenienced while he breaks down that wall and whatever else he needs to do in order to make it compliant.

I just don't feel I should have to pay an extra $200 in rent AND my own gas/electricity for being inconvenienced. I have been trying to at least get him to bring down the rent but he said $1350 is as low as he can go and to think about it.

More suggestions are welcome!

[concord]

I don’t believe that there is anything illegal about my suggestion although it may be cunning. I also requested in that posting that the website’s management remove my posting if it does indeed contain any inappropriate advice. The character of my response was based upon the suspicion that your landlord was trying to put a squeeze on you for more money while you should feel no obligation to comply, and also that, the threat of eviction may not be that far off as an option for the landlord while you may not have considered that initially.

I sincerely hope that your relationship with your landlord is such a healthy one that it would be justifiable of you to feel a “moral” obligation to your landlord. Most of us have dealt with our share of landlords who are scum and we have been driven to sources like this website to seek help. (A moral obligation to my landlord? You don't know how worthy of a laugh that actually is.)

I hope that your landlord doesn’t become slick with you and then eventually try to maneuver you out of the picture with legal tactics that you could have never imagined. I wish you the best.

[delena76]

First, I'll tell you that he's an idiot. He would tell me it was a legal apartment and everything was in order and I showed him that I had the CofO and he had nothing to say. He lied a few more times about other things and I caught him. He knows I could potentially make his life a living hell and that's why he's not evicting me - he knows of the legal connections I have.

I also showed him all the violations he had. And I made it clear to him that I'm no idiot. Second, my father works in the Manhattan Supreme Court and knows some people in the Queens Housing Court. My dad is ready to get a summons prepared and have him served but because of me he doesn't want to put me in that situation so my father is asking me to work things out with the LL. My father is trying to stay out of it as much as possible because once he gets the wheels in motion, it's over.

As far as morals - well I guess I have a conscious. You know, this apartment being illegal, I could not pay rent and save up that money to rent another apartment. I could wait for him to evict me because I know that process would take a long time - plus like I said, because of my dad he's afraid to. And although I have a right to withhold the rent, do I really want to go that route? Karma is a b*tch. Just because he's trying to get over on me, doesn't mean I should stoop to his level and do the same. And there are too many people who do just that: knowingly rent out illegal apartments, pay rent for a couple of months then stop paying. I'm not them.

My LL has got so many violations up his *ss that he would be afraid to step back in court - that and the fact that he's afraid of my father.

Anyway I just told him he needs to bring the rent down and get rid of the second kitchen and if not then my father is going to move on to plan b and both you and I don't want that.

Thanks anyway for your suggestion.

[TenantNet]

Concord, don't assume that because I haven't deleted your prior post, it's therefore a correct assessment or a good suggestion for a course to follow. Some times I choose not to wade through your stuff. And some times I choose to not delete things even if it is nonsense.

[Emeraldstar]

Hi All
Just my take: parhaps you can get a rent between what LL said & what you pay now because of having to pay for the utilities. See if you can get a lease for minimum 2 years or more though beyond 2 may be a stretch. I'm thinking since your month-month eventually the LL may give the 30 day notice after the apt is settled hence the lease idea. I would get a roommate for the extra room & start banking the money.

[delena76]

Thank you for your reply Emeraldstar but unfortunatley a roommate is out of the question. I did that when I was in my early 20's. I'm 32 now and I don't want to live with anyone ever again lol. I LOVE living alone.

I plan on getting him down to $1300 if he doesn't, then I've got the pictures to prove that both apartments are illegal. He could give me 30 days notice but it doesn't mean I will leave. Plus as greedy as he is, he won't evict me when I've been paying him rent and on time to boot. He needs me (aka my money) more than I need him.