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No CO Month to Month Rent!

Rights for non-regulated tenants

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No CO Month to Month Rent!

Postby pokwang » Thu Jan 07, 2010 3:15 pm


I realized that the appartment I'm living has no CO, and that takes away the right of the LL to collect payment as rent right?

I think I've read this from some article in rent law in NYC.
Also my Landlord is forcing me to leave, he didnt accept my payment on Dec 31, and he said that he will not give the deposit, the deposit is the payment for the month of January and we should move out.

Now I know that month to month rent has few rights, but he screwed me up giving me a very short time to move out and specially right now its so cold freezing.

My question is, can he file for an eviction? Because I saw on DOB website he doesnt have CO, but he is collecting rent payments.

I will move out eventually on March or April after winter, but he doesnt want my payment anymore, so can he use it against me?

Can he evict me for that? Even though he doesnt have CO?
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Postby TenantNet » Thu Jan 07, 2010 3:50 pm

Some buildings are not required to have CO (Certificate of Occupancy). It depends on when the building was constructed. Lack of CO should not impact the requirement to pay rent. Where did you read that zinger?

But multiple dwellings of 3+ units are required to be registered with HPD, and lack of registration can impact the LLs ability to maintain a non-payment proceeding.
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Postby pokwang » Thu Jan 07, 2010 4:54 pm

These is a private house which is up to 3 floors.
On the first floor, it was 2 appartments, also on the 2nd floor.
I think 1 in the third and basement.

so now they want us out, but we are just asking for more time but looks like they dont want us ot stay anylonger they didnt even accept the payment for rent this month.

What you think?
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