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Posted by Mark Smith on March 30, 2000 at 08:46:59:

In Reply to: My DOB Complaint Results in my eviction (urgent!!) posted by rob on March 30, 2000 at 01:44:41:

Consult an experienced housing attorney immediately. Some advertise on this website, and you can also get some names from Met Council [212-693-0550, Monday and Wednesday from 1:30 p.m. to 5:00 p.m.]. If your apartment is illegal, and you didn't know that it was illegal, you probably won't have to pay future rent or use and occupancy, but you can't get back the rent that you previously paid.

You probably will be removed from your apartment eventually. If the building is a multiple dwelling, the landlord may have to bring an ejectment proceeding in state Supreme Court, and this could take quite a while.

The lawyer should also be able to tell you if you have a cause of action against the broker for renting you an illegal apartment. You may also have a claim against the landlord under the warranty of habitabilty law for the problems created by the doctors' office.

:
: I filed a complaint with the Department of Buildings because I live below a doctor's office that refuses to use any restraint in the amount of noise they make on the floor. At first the landlord asked that we call them instead of calling the Doctor's office, and after a few calls to the landlord they started screaming at me to stop calling. The doctor's office sounds as if they lift and drop heavy office furniture several times a day. The noise goes from 7am in the morning until 10-11pm at night, 7 days a week. I wakes me out of a sound sleep, and will startle me like the devil and leave me with my heart racing for 10 minutes afterwards.

: I have a lease that ends in June 2001, and it was represented to me that this was a legal apartment because it had its own electric meter. Even the landlord's part of the basement has its own meter, so we thought this apartment was 200% legit. What we did think was the doctor's office (which is more like "medical mall usa", had too much customer traffic & loitering to be allowed in a residential neighborhood.

: I only filed this complaint at the DOB last

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Comments:
: Consult an experienced housing attorney immediately. Some advertise on this website, and you can also get some names from Met Council [212-693-0550, Monday and Wednesday from 1:30 p.m. to 5:00 p.m.].  If your apartment is illegal, and you didn't know that it was illegal, you probably won't have to pay future rent or use and occupancy, but you can't get back the rent that you previously paid. 

: You probably will be removed from your apartment eventually. If the building is a multiple dwelling, the landlord may have to bring an ejectment proceeding in state Supreme Court, and this could take quite a while. 

: The lawyer should also be able to tell you if you have a cause of action against the broker for renting you an illegal apartment. You may also have a claim against the landlord under the warranty of habitabilty law for the problems created by the doctors' office.

: 
: :
: : I filed a complaint with the Department of Buildings because I live below a doctor's office that refuses to use any restraint in the amount of noise they make on the floor.  At first the landlord asked that we call them instead of calling the Doctor's office, and after a few calls to the landlord they started screaming at me to stop calling.  The doctor's office sounds as if they lift and drop heavy office furniture several times a day.  The noise goes from 7am in the morning until 10-11pm at night, 7 days a week.  I wakes me out of a sound sleep, and will startle me like the devil and leave me with my heart racing for 10 minutes afterwards.

: : I have a lease that ends in June 2001, and it was represented to me that this was a legal apartment because it had its own electric meter.  Even the landlord's part of the basement has its own meter, so we thought this apartment was 200% legit.  What we did think was the doctor's office (which is more like "medical mall usa", had too much customer traffic & loitering to be allowed in a residential neighborhood.

: : I only filed this complaint at the DOB last 


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