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Posted by courtwatcher on August 15, 2001 at 19:27:41:

In Reply to: loft troubles posted by goodboy on August 15, 2001 at 12:01:30:

Does your lease make any mention of "living" / "residential use" / etc.?
Beyond the LL's assurances, do you have anything in writing where it shows that LL had knowledge / agreed to you living in the building?
Are there currently more than 3 units in the building that are occupied by residential tenants? If so, and if you get into a courtroom, then a judge might declare the building an interim multiple dwelling and the occupants would have rights as residential tenants.
At the same time, if there is no residential use listed on the C/O, then legally the LL can't collect rent from you as a residential tenant. For the same reasons you legally can't live there.
Will you get thrown out? Who knows - Partly depends on how much your LL wants to spend on lawyers. (Does LL use a lawyer with you now? If so, let us know the name of the law firm -- which firm can reveal LL's strategy.)
Save your rent for legal fees.
Worst case scenario: you pay all the money to lawyers and still have to move out.
Best case scenario: LL is found to have rented illegally, but you are granted tenant rights.
It's a legal quagmire.
Welcome to NY.

: i have a two yrt lease in a loft warehouse in Brooklyn. I signed a comm. lease, but the the LL assured me the building was legal for living, the apt. came with a bathroom, kitchen, and laundry down the hall. A few months ago he started construction in the rest of the building, converting all floors to apartments (90 in total) to be completed in 3 months. The noise has been unbearable and at nights and on weekends. Also the workers are knocking out the old windows for replacement with hammers and the glass has fallen on my girlfriend twice while she was on our roofdeck. After lying to me about what he was doing, and ignoring my complaints about the noise and glass I did some investigating and found out that he is in violation of the C of O, does not have any work permits, and the building is not legal for occupancy. I have not paid rent since all this started (about three months ago). He threatened to sue. Any advice?

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Comments:
: Does your lease make any mention of "living" / "residential use" / etc.?  
: Beyond the LL's assurances, do you have anything in writing where it shows that LL had knowledge / agreed to you living in the building?
: Are there currently more than 3 units in the building that are occupied by residential tenants?  If so, and if you get into a courtroom, then a judge might declare the building an interim multiple dwelling and the occupants would have rights as residential tenants.
: At the same time, if there is no residential use listed on the C/O, then legally the LL can't collect rent from you as a residential tenant.  For the same reasons you legally can't live there.
: Will you get thrown out?  Who knows - Partly depends on how much your LL wants to spend on lawyers.  (Does LL use a lawyer with you now?  If so, let us know the name of the law firm -- which firm can reveal LL's strategy.)
: Save your rent for legal fees.
: Worst case scenario:  you pay all the money to lawyers and still have to move out.
: Best case scenario:  LL is found to have rented illegally, but you are granted tenant rights.
: It's a legal quagmire.
: Welcome to NY.

: : i have a two yrt lease in a loft warehouse in Brooklyn. I signed a comm. lease, but the the LL assured me the building was legal for living, the apt. came with a bathroom, kitchen, and laundry down the hall. A few months ago he started construction in the rest of the building, converting all floors to apartments (90  in total) to be completed in 3 months. The noise has been unbearable and at nights and on weekends. Also the workers are knocking out the old windows for replacement with hammers and the glass has fallen on my girlfriend twice while she was on our roofdeck.  After lying to me about what he was doing, and ignoring my complaints about the noise and glass I did some investigating and found out that he is in violation of the C of O, does not have any work permits, and the building is not legal for occupancy. I have not paid rent since all this started (about three months ago). He threatened to sue. Any advice?


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