What are my rights if a former landlord of an illegal apartment is trying to come after you for money?

[trusso11783]

Originally Posted by WRM20

But if the building was multiple occupancy, then collecting rent would be illegal because of the Multiple Dwelling Law.

The county doesn’t care if the apartment is illegal. They look the other way. They know there are tens of thousands of illegal apartments. If they cared, they would be cracking down all day every day. No politician will touch it. No one is allowed to live anywhere for free whether an apartment is legal or not. It’s just how it is.

[mathjak107]

Originally Posted by trusso11783

The county doesn’t care if the apartment is illegal. They look the other way. They know there are tens of thousands of illegal apartments. If they cared, they would be cracking down all day every day. No politician will touch it. No one is allowed to live anywhere for free whether an apartment is legal or not. It’s just how it is.

except they can …as it was stated above , if there are 3 families or more you can’t collect passed due rent

[TMing]

Originally Posted by mathjak107

sorry , but this is not correct….


there was a decision made in new york state appellate court that was made to settle the different views the different localities had on whether rent has to be paid for apartments which are not legal .

“The Appellate Court further made clear in its opinion that even the absence of a certificate of occupancy does not bar a landlord from recovering rent in a non-payment action, provided that there are less than three families living in the premises.

As a result of the decision in Pickering v Chappe, supra, there is no longer any disparity or misunderstanding of the relationship between the legality of the premises to the collection of rent, and the impact of town ordinances on landlord-tenant proceedings.

From time-to-time you will still see an inexperienced lawyer or pro se litigant attempt to raise the defense that the non-payment action must be dismissed because the apartment is illegal; those lawyers and parties generally get a rude awaking to the new state of the law.”


https://murthalawfirm.com/rent-illeg...assau-suffolk/

I have used Murtha Law before. Great attorney for evictions.