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C of O question

Rights for non-regulated tenants

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C of O question

Postby bkjones » Sun Aug 09, 2009 4:28 am

If an old bldg (4 story brownstone, over 100 yr old) was changed from a single family home & converted into 3 apartments 5 yrs ago without bldg permits and the owner never obtained c of o, is it actually illegal to charge rent? The bildg is still listed as a 1 or 2 family home.
I searched this site, and there are so many variables such as what yr bldg built & how many apts, etc. that I am not sure I understand properly.
If a tenant in a bldg like this didn't pay rent, can LL win financial compensation in court? Or just an eviction?
What would be the repercusions for LL if DOB became aware of such a situation?
And.... if tenant found out the apt was illegal in this manner is it true that LL would have to reimburse tenant for rent money paid to live in bldg not properly sanctioned for income bearing?

Thanks for any help as I find the regulations on the matter quite confusing.
bkjones
 
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Postby NYHawk » Sun Aug 09, 2009 5:03 am

what borough is the building located in?
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Postby concord » Sun Aug 09, 2009 10:17 am

This link shall explain it. That is, it shall explain how confusing it is:

http://tenant.net/phpBB2/viewtopic.php?t=4954
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Postby bkjones » Tue Aug 11, 2009 10:20 pm

thanks for replies. bldg in Brooklyn. I'll read thru the link. I kind of think it may be the info I already went over that didn't really clarify. But I'm going to link in right now and see what it has to say.
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Location: Bklyn

Postby bkjones » Tue Aug 11, 2009 10:36 pm

ok. yes I have read the information at this link. It is confusing. I know that this was a single family converted to 3 units 5 yrs ago, no record of bldg permits and no c of o, which I believe is required when bldg use was changed. It seems LL could win an eviction, but in most cases no financial award. There is no distinction given to explain in what instance the LL could recover money in eviction court. That's the best I can decipher. But I have been told, (not legal advice) that if LL charged rent in an illegal dwelling that tenant can be reimbursed for all rent money spent. This link doesn't mention that. Either just isn't included in this info, or it's not the true case.
I still don't know.
I've been given a 30 day notice to vacate because I'm with holding rent pending remediation of a number of serious complaints. Today I filed 9 complaints. I have been receiving threatening messages from LL who has already heard from the city about my anonymous complaints.
Pretty quick response time for the city, I'm surprised.
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Location: Bklyn


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