Posted by Hawk on April 13, 1999 at 02:05:48:
In Reply to: Re: Illegal Basement Apartment posted by Mark Smith on April 11, 1999 at 04:39:26:
I agree with Mark.
Although the landlord will be able to commence a non-pay or holdover in Housing Court, the landlord will not be successful in such proceeding -- assuming you are correct that there is no certificate of occupancy for your apartment. The lack of a c of o is an excellent defense to a Housing Court proceeding. However, witholding rent will likely make a bad situation worse -- pissing off the landlord and his or her family. Please consult with an attorney to help you plan on how to best cope with this unfortunate situation.
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