Posted by Brooks on December 13, 2001 at 01:32:10:
In Reply to: illegal apartments posted by chris on December 12, 2001 at 21:14:26:
The advice EZT gave you was great. If indeed your apt. is illegal, I also advise you to read up on "multiple dwelling registration" and "illegal apartment" cases on this site. To my knowledge, your LL can not collect rent or try to get possession while an apt. is illegal. They have to go through a long (usually 6 mths) and costly procedure called an "ejectment" in Supreme Court, and are still not gauranteed to win. Depending on your situation and how serious the "hazards" are, will depend on your next move. I WOULD NOT inform your LL, that you know your apt. is illegal. Wait and use that fact in court. The onus is not on you to inform your LL of his rights and responsibilities under the law. Also, unless you have a "huge" fire hazard, try to keep the Fire Dept. out of it, because (depending on borough) they are quick to force you to move. HPD usually cites Fire violations also, and allow you to stay, as they are mainly concerned with collecting "civil penalties" from LL, for themselves. Good luck!
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