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Re: Illegal 3 does not require 30-day notice to eject (evict)

Posted by richard on June 16, 1999 at 00:36:51:

In Reply to: Illegal 3 does not require 30-day notice to eject (evict) posted by Cassie on June 15, 1999 at 22:39:03:

: Before Ejectment Proceeding, 30-Day
: Notice Is Not Needed for Tenants in
: Illegal Unit
: Cippollone v. Torres, Queens, Civil Court, Special Term,
: Part 2, Judge B. Greenbaum. QDS:56701206.

: That's a c&p from the NY Law Journal, 6/16/99:

: OK, NOW, this really burns me: the landlord CREATED the illegal apt, now the judge say the TENANT is not a tenant and has NO rights: this is totally beyond disgusting. So now all of us renters are supposed to go to the Buildings Dept BEFORE we sign a lease to make sure all the T's are crossed? where else are we supposed to go? EPA? HPD? deeds registry? tax dept? DCHR?
: This can't be right, legally. So these people appeal this @#^$#: but until then, will other judges use this against tenants ?????
: And how do tenants get groups like PIRG to join the fight in the courtrooms?

: ps: thanks for this place and all you regulars. I've been checking in here aand NYLJ every Tues night for a couple of months. I live in an illegal-3, did not know it was illegal when I moved in, some problems, not life threatening, still paying rent, looking to move to a LEGAL place.... especially after reading this case.

I agree...but after reading the decision....something doesnt make sense....and having a month to month lease in a basement apartment....Shouldn't some bells & whistles go off in your head?

I think thats what the judge was saying....that the tenants knew right from the start it was illegal. I mean if they didnt know, why wasnt that point even made???

We had rented a legal apt (it was on the CofO) but never registered and it was our first apt we ever rented in NYC and we moved from Stamford CT. and we used that as our biggest bargaining chip.

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