Living in apt 10 yrs & have been told to move asap (DOB)

[01976]

I live on a floor of a brownstone which has been partitioned. It turns out the partition is illegal because it makes there only one means of egress in case of fire. The local FDNY was going to violate it more than a month ago, but after a desperate few days, I was able to talk to the Lieutenant and he just changed the dispatcher's card to indicate to use ladders on the front window to evacuate tenants in the event of a fire. He said that was the end of it as far as the FDNY was concerned. 

Now though, the DOB has said the partition must come down and tenants must move out. I got a text message from my landlord Wednesday. He said briefly on the phone that the DOB would fine him 5K and he would rather give it to my wife to move… so he can submit architect/construction plan and avoid DOB fines.

I have been told by a friend who is a real estate agent that my landlord is clearly in the wrong and actually cannot even collect rent on an illegal unit, cannot legally evict me, and I can leave on my own time and have a legal case against him as well (as he knowingly violated the law for 10 years and put our lives at risk by renting us a fire trap, which we have paid almost 128k for over the years.)

The one thing I have not found out yet is whether the DOB can evict us, and when that might happen. My landlord will not answer questions or communicate with me in any way on any kind of timeline given by the DOB, etc. He has only sent me several unspecific text messages.

I am going to try and consult an attorney this week.

[lofter1]

DOB can't evict you but DOB can issue a "VACATE ORDER" based on noncompliant and unsafe conditions.

I'm not sure what the process is once and if such a vacate order is issued.

Similar situation discussed on another forum:

http://www.city-data.com/forum/new-york ... order.html

More info:

http://www.nyc.gov/html/dob/html/temp/burke.shtml

Info at Tenant Net:

Illegal conversions of 1- & 2-family houses

http://tenant.net/phpBB2/viewtopic.php? ... cate+order

And some related legal info:

DHCR vacate premsis becuase of fire question

http://tenant.net/phpBB2/viewtopic.php? ... cate+order

[Sky]

I haven't read through lofter's links, but earlier this year I attended a Brooklyn Bar lecture and IIRC one speaker was legal assistant to a housing court judge. During a question/answer period a similar situation was discussed. I believe it boils down to the owner not possessing a valid certificate of occupancy (CO) for the premises, in your situation due to failure to meet building codes regarding 2nd means of egress. In that case, the tenant who posed the question was considering reporting the (unreported) situation and enjoying a situation of living rent free. A tenant living in a dwelling such as described above would not have to pay rent if he reported the condition, however, it's a double edged sword that could lose him his home.

Your building owner will likely have two options to deal with this:
a.) get you out of the building and forever desist from re-renting the space so as to be in compliance with the building's current CO.
b.) get you put of the building and pay an architect and contractor a lot of money to reconfigure the building so that it complies with DOB codes, in order that a certified change to the CO is authorized by the DOB.

Yes, DOB can issue a Vacate Order if they feel there's a threat to an occupant's safety. If the latter occurs, do not expect to move out at a time and method of your choosing. If DOB determines the conditions are an an imminent threat to life and safety so as to warrant issuance of a Vacate Order, you will likely be ordered to vacate immediately, under penalty of law.

I've had a partial Vacate Order from the DOB in my apartment. The DOB inspector came with posters and caution tape. He put caution tape up to cordon off the area and near it's entrance he hung red-lettered VACATE ORDER posters in English and Spanish. I'm the tenant and the DOB inspector instructed me to seal off the room (he suggested hammer and nails/screws with a board) and let it be clearly know that it was forbidden to enter. Another DOB document with a gold seal was posted on the entrance to the building (which included language relating to the money fines for entering the Vacated Space as well as instructions to the Police to render assistance in enforcing the order).