No rent owed for an illegally converted apartment?

[Ray Vincent]

My landlord converted the one-family house in which I rent an apartment into a two-family house by turning the basement into a separate apartment. This violates the building's Certificate of Occupancy. A complaint to this effect was verified by New York City and the landlord served with papers mandating he fix the condition and pay various penalties; the violation appears on HPD's Web site. Does this illegal conversion deprive him of the right to demand rent?

[TenantNet]

He might not be able to maintain a proceeding in Housing Court (but I don't know about Civil Court).

Are you sure a one-family house has a certificate of occupancy?

[Ray Vincent]

Yes, the Certificate of Occupancy is available for view online at the City's Web site. Would you have any sense of how this might impact his ability to evict me when the lease expires? (Thanks for taking the time to respond to this!)

[ronin]

If it is a non-regulated building with less than 6 apartments, I don't think there is anything that will stop him from evicting you when the lease expires.

Also, there is this problem- if the apartment you live in is an illegal basement apartment, you may get ordered to move by a court or agency on the grounds of safety. On the bright side, if your apartment is illegal he can't charge rent for the time it is illegal...

[TenantNet]

Ronin, do you know if the inability to maintain a proceeding for an illegal unit extends to plenary proceedings or actions in Civil or Supreme Ct.?

Even if the rent is not obtainable, the LL might be able to seek Use and Occupancy or "U&O" (a term of art for the same amount of money as the rent ... they just don't call it rent).

[Ray Vincent]

Thank you both for responding. (My apartment is not the basement; sorry if I created the wrong impression.)