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Old 06-16-2011, 02:27 PM
 
3,939 posts, read 7,769,563 times
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Just goes to show you the benefit of using an agent!
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Old 06-16-2011, 02:29 PM
 
Location: Long Island
9,228 posts, read 19,184,791 times
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Quote:
Originally Posted by kayfouroh View Post
Just goes to show you the benefit of using an agent!
Ethics can be lacking anywhere - be it politics, business, or real estate. It's not the industry, it's the individual
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Old 06-16-2011, 03:16 PM
 
Location: Village of Patchogue, NY
1,143 posts, read 2,555,915 times
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Having been through all this, I'm educated enough to prevent this from happeneing to me twice.
However, it could happen to anyone else out there. Is there anything that someone could do if they find them selves in the situation I was in 2 years ago?

If they report the apt and realtor to the town, what happens? Can the realtor be fined? lose their license? Can the renter get their fee back?
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Old 06-16-2011, 03:58 PM
 
339 posts, read 750,190 times
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Another question.....if the renter unknowingly takes an illegal apartment in a house or whatever, are they in any danger of being kicked out?

Or would the homeowner who made the apt just have to get the proper paperwork and permits?
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Old 06-16-2011, 04:00 PM
 
339 posts, read 750,190 times
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Also be aware that "Garden" apartment complexes (such as Fairfields) are usually more expensive than renting above a business or in somebody's house. Plus you usually have to pay for utilities and other things.

I feel the extra "rent" associated with a garden apt complex is not worth it because really, what do you get?

Yes, Craigslist has many shady deals, but there are some gems in there you can find with places where utilities are included and you get some perks.
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Old 06-16-2011, 04:03 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,913,032 times
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Quote:
Originally Posted by Logical95 View Post
Another question.....if the renter unknowingly takes an illegal apartment in a house or whatever, are they in any danger of being kicked out?

Or would the homeowner who made the apt just have to get the proper paperwork and permits?
1. Yes. Not knowing it is illegal is no excuse they can use to stay there.

2. It depends how the house/apartment is zoned and if the homeowner is able to make the apartment legal. Sometimes you can; sometimes you can't.
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Old 06-16-2011, 04:07 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,913,032 times
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Quote:
Originally Posted by kayo_michael View Post
Having been through all this, I'm educated enough to prevent this from happeneing to me twice.
However, it could happen to anyone else out there. Is there anything that someone could do if they find them selves in the situation I was in 2 years ago?

If they report the apt and realtor to the town, what happens? Can the realtor be fined? lose their license? Can the renter get their fee back?
1. The Town can fine the homeowner and make them stop renting the illegal apartment.

2. Not sure about realtors' fines and losing license. To make a complaint against a realtor you would need to contact the NYS Department of State, not local government like individual Towns.

3. Say the apartment is illegal and the renter gets kicked out by the Town before the term of the lease is up. I think that's a valid reason to get the fee returned from the realtor or for the realtor to find the tenant a new apartment (legal this time!) without charging a new fee. As for whether the Dept. of State makes them return fees they earn from renting illegal properties if they get caught ... that I don't know.
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Old 06-16-2011, 04:15 PM
 
339 posts, read 750,190 times
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Quote:
Originally Posted by I_Love_LI_but View Post
1. The Town can fine the homeowner and make them stop renting the illegal apartment.

2. Not sure about realtors' fines and losing license. To make a complaint against a realtor you would need to contact the NYS Department of State, not local government like individual Towns.

3. Say the apartment is illegal and the renter gets kicked out by the Town before the term of the lease is up. I think that's a valid reason to get the fee returned from the realtor or for the realtor to find the tenant a new apartment (legal this time!) without charging a new fee. As for whether the Dept. of State makes them return fees they earn from renting illegal properties if they get caught ... that I don't know.

Elke should be able to answer some of these!
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Old 06-16-2011, 04:21 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,913,032 times
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Quote:
Originally Posted by Logical95 View Post
Elke should be able to answer some of these!
Or Tom.

I'm sure they don't mix themselves up in illegal apartment drama though!
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Old 06-17-2011, 12:27 PM
 
Location: East Northport
3,271 posts, read 8,396,080 times
Reputation: 1188
Quote:
Originally Posted by I_Love_LI_but View Post
1. The Town can fine the homeowner and make them stop renting the illegal apartment.

2. Not sure about realtors' fines and losing license. To make a complaint against a realtor you would need to contact the NYS Department of State, not local government like individual Towns.

3. Say the apartment is illegal and the renter gets kicked out by the Town before the term of the lease is up. I think that's a valid reason to get the fee returned from the realtor or for the realtor to find the tenant a new apartment (legal this time!) without charging a new fee. As for whether the Dept. of State makes them return fees they earn from renting illegal properties if they get caught ... that I don't know.
Certain towns (not all) have ordinances that impose fines on agents who list or rent illegal apartments.

If you file an ethics complaint with the Department of State they will investigate and can impose penalties up to and including the agent (and even their broker) losing his license. (Although whether they would do that based upon a single violation is questionable.)

If you contact the agent's broker, he would probably be glad to return the fee rather then get into a dispute. If he won't, you could take it to small claims court.
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