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ejectment\summons &complaint\Defacto MD

Posted by lm on June 25, 1999 at 23:32:17:

Im hoping this will be my last go-round!!

First I have a procedural question. My landlord is suing (for ejectment) myself and the people who live downstairs from me. She has filed a summons & complaint naming all of us in the same document. IS this normal? Half the complaint has nothing to do with me. Is there something I can do to get them to sever the case?

Now a strategy question. In the complaint the LL admits that the building is being occupied contrary to the c\o and is a defacto MD. Does this not, under the circumstances where the building has been illegally converted to a 3+, in effect, admit that the rent bar also applies? Why would they admit that?

And last, a probability assesment.

Since that c\o was issued for this 2 family house, the LL converted (w\o permits - violations from D\B are endless) the house into 5 apartments. Basement and attic included. Full bath and kitchen. The building qualifies as an illegal conversion twice over. I have proof in form of leases, pictures, and the willingness of everyone involved to testify\sign papers if need be. There is no fire escape\sprinklers or second means of egress past the first floor.

4 of the apartments were rented until last year, with a business illegally in the basement. Then three + the business up until April of this year. Now there are two of us left.

On top of this, the building is a frame building, which under the MDL is forbidden, under all circumstances from being a MD.
Because of that,they can never get a MD registration for this place. Which would mean they have to return the place to its original legal layout.

I dont care to have to leave this place. Its the plan anyway.
What Im trying to figure on are the chances that the rent bar wont apply. Odds?

Thanks again

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