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I’ve just accepted a job in Long Island, NY and I have to deal with the somewhat daunting task of relocating to there from the Midwest. I may if I’m lucky get a plane ticket out there from the company I’ll be working for and a few days to apartment hunt but other then that I’m on my own. I’ll start work on Jan 8th.
One thing I’ve mulled over is the idea of taking a short term rental or roommate situation and getting myself over there and figure out later where I actually want to end up living. I might have to do this in haste whether I’d like to or not.
I realize the high cost of rent in NYC and the surrounding areas tends to force people into some unorthodox living situations and landlords or homeowners getting into some illegal rental situations. My salary IS high enough that I can afford to budget for a median rent 1 bedroom apartment in a complex, so I am not forced into renting an illegal basement apartment without proper egress or spare bedroom without access to a kitchen, etc. but some of these renting a room in a house situations may be pretty appealing to me based on cost, amenities, size of shared space, etc. I spent about 10 years of my adult life in roommate situations and frankly for the marginal sacrifice in privacy I’ve always been open to having a roommate to save money and have more space.
When I HAVE split a 2 bedroom or house type situation with roommates in the past it was always through a separate landlord with a fixed term lease, mutual liability for the lease and security deposit, etc.
Because I’m considering renting a room in a house types of scenarios I have some concerns over my rights as a tenant though. I don’t want to be in a situation where I have no recourse for complaints about unsafe or unsanitary living conditions (ex. black mold, rodent or insect infestation), rent increases, unexpected eviction, etc.
I understand from research online that if it’s illegal because it’s a safety or health hazard, that the inspector could padlock it immediately and I would definitely be evicted in a matter of hours, days, or weeks. I have no intention of renting something that doesn’t appear to be classified as a “basement” instead of a “cellar”, doesn’t have enough legal points of egress, has mold issues, etc.
What I’m concerned about though is whether or not these Live In Landlord renting a room in their house situations are legal and how I can determine that before I agree to a lease.
So with that said I have some questions:
Is there any way to find out if I am renting a “legal apartment”?
How difficult is it for a homeowner acting as a Live In Landlord to legally apply for renting out their home?
If it’s not split up into separate units with their own bathroom, kitchen, and utilities does it classify differently for the Certificate of Occupancy? i.e. Under no circumstance could it be certified for rental if it’s classified as a single family house.
I’ve read that the Certificate of Occupancy is really the best way to determine if a rental space is legal (i.e. if it’s certified for 3 spaces but my unit would be the 4th then it isn’t legal) but is there an easy discreet way to verify that?
Like a website I can check online and submit an address to?
I’m sure there are obvious tells like not having dedicated private kitchen space, no separately metered utilities or a “utilities included” rent price, insistence that I get a PO Box instead of receiving my mail at the address, etc. I’m just curious to know if there’s any way to tell if it looks legit otherwise. (i.e. separate utilities, the 2nd floor to myself with my own kitchen and bathroom, a lease agreement, etc).
Do I have any recourse at all with the Housing Authority if my tenant rights are violated if I am renting an illegal apartment?
If there were a major dispute would my best counter argument be to insist that I just be released from our lease and allowed to move out in 30 days?
If I’m renting from the homeowner and not a landlord do I have any protection at all from an eviction without proper notice or move out time?
Could they actually tell me to pack up and get out in a matter of days or a week for instance?
Would a threat of calling the Housing Authority be enough to calm them down and get them to agree to a sensible exit process for me?
I absolutely do NOT want to be adversarial with anyone of course, but I’d like to better understand what my protections may be if something were to go wrong. I'm sure that if I'm a good tenant, pay rent on time, keep the place clean, etc. I'll probably have no issues at all. I just want to know what my protections are if there is a problem.
To find out if an apartment is legal, check with the town in which it is located. Some, like here in Huntington, make that information available on line. I suggest that you make sure that the apartment you rent is legal, because that will nullify most of your other concerns.
To find out if an apartment is legal, check with the town in which it is located. Some, like here in Huntington, make that information available on line. I suggest that you make sure that the apartment you rent is legal, because that will nullify most of your other concerns.
Thanks! If I'm trying to find that info on a city website is there any particular government office I'd want to look for?
I kind of hate to "rat out" a homeowner or landlord I'm not even renting from just for my own piece of mind. If there's a discreet, anonymous way to look that info up online I'd prefer to do that. I do want to make sure I'm not putting myself in an illegal rental situation though.
There is no "housing authority." All rentals fall under the town or village of the home's location. Every town has its own town or village hall (an actual building). Long Island is confusing because there are incorporated villages and then there are unincorporated parts that fall under the authority of the town, e.g. town of Brookhaven, town of Oyster Bay.
No, they can't throw you out of your home within a few hours or days. You'd be surprised at how long some tenants, even in illegal apartments, can stay. Nothing can be done until you go to court and there is a court order of eviction. Then, the landlord has to get marshalls to actually evict you.
There is no "housing authority." All rentals fall under the town or village of the home's location. Every town has its own town or village hall (an actual building). Long Island is confusing because there are incorporated villages and then there are unincorporated parts that fall under the authority of the town, e.g. town of Brookhaven, town of Oyster Bay.
No, they can't throw you out of your home within a few hours or days. You'd be surprised at how long some tenants, even in illegal apartments, can stay. Nothing can be done until you go to court and there is a court order of eviction. Then, the landlord has to get marshalls to actually evict you.
In most towns on LI, the building departments can shut the illegal unit down with a 72 hour notice to vacate. No court needed and the landlord is slapped with a small fine.
In most towns on LI, the building departments can shut the illegal unit down with a 72 hour notice to vacate. No court needed and the landlord is slapped with a small fine.
Are you talking in terms of places that would be deemed a safety hazard? Like a basement apartment without proper egress?
Or could this apply to someone that didn't have a Certificate of Occupancy that allowed for renters?
If it's the later, is the fine so small that most people don't care and would put their place up for rent anyway despite the risk?
The town must close the unit down if the property does not have a C of O. Usually the landlord is given a warning for the first offense and $500-$1000 fines for subsequent offenses.
Landlords in the Long Island community of Westbury will be targeted by a newly created police “Housing Enforcement Unit” that will “modify search warrant law to eliminate prior notice, aggressively use warrants and housing sweeps on a regular basis.”
Residents are being encouraged to report their neighbors to authorities if they suspect they are housing tenants who have not been registered with the government. Local station News 12 also gave out an email address and phone number encouraging viewers to, “report a suspected illegal rental.”
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