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Posted by chelsea on January 04, 2001 at 13:07:38:

In Reply to: illegal 2 family dwelling posted by Kelly H on January 04, 2001 at 11:29:17:

The Queens borough president's web site has some good information on this subject (link below). You could take a look at that, and call the borough president's office for more information. You might also want to look through the tenant.net housing court cases -- use illegal conversion or certificate of occupancy as key words.

I'm not a lawyer, but have had some experience with this in my own apartment. It's my understanding that a landlord cannot collect rent for an illegally converted unit, though there are some limitations (there has to be a threat to health and safety). But it's not retroactive -- the landlord cannot be forced to pay back rent already paid. You should consult an experienced tenant lawyer or tenant clinic in your area.

: I am currently living in a illegal 2 family house(Queens ,NY) paying rent on a month to month basis to my landlord (no Lease). I was recently told by friends that since it is "not" a legal 2 family dwelling that I can collect all my rent I have paid for the past 21 months because of the laws on it being a illegal apartment. I am not sure about this and was wondering if this has any truth to it??? Can you sue for rent paid when living unaware of it being a illegal Apt?? (I only found out last month.)

• http://www.queens.nyc.ny.us/ilac6pgs.pdf

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: The Queens borough president's web site has some good information on this subject (link below).   You could take a look at that, and call the borough president's office for more information.   You might also want to look through the tenant.net housing court cases -- use illegal conversion or certificate of occupancy as key words.

: I'm not a lawyer, but have had some experience with this in my own apartment.  It's my understanding that a landlord cannot collect rent for an illegally converted unit, though there are some limitations (there has to be a threat to health and safety).    But it's not retroactive -- the landlord cannot be forced to pay back rent already paid.  You should consult an experienced tenant lawyer or tenant clinic in your area.

: 
: : I am currently living in a illegal 2 family house(Queens ,NY) paying rent on a month to month basis to my landlord (no Lease). I was recently told by friends that since it is "not" a legal 2 family dwelling that I can collect all my rent I have paid for the past 21 months because of the laws on it being a illegal apartment. I am not sure about this and was wondering if this has any truth to it??? Can you sue for rent paid when living unaware of it being a illegal Apt?? (I only found out last month.)


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