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Old 04-07-2011, 06:03 PM
 
Location: Queens, Ny
6 posts, read 15,701 times
Reputation: 12

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I have just renovated a basement apartment in Queens, NY and found a tenant. Just after the tennant moved in i recieved a Notice to call for inspection left on my door based on a complaint done in November 2010, by a previous tenant that did not pay rent for over 9 months, and damaged the place, hence the renovation.
I got a letter from the DOB saying that I should call and schedule an appointment ( 6 days after notice on door) to schedule inspection.
What will happen if the inspector is not let in, or if i don't call for the appointment?
what is the best thing to do? I would hate to rip up the apartment after just renovating.
Help!!!!!
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Old 04-07-2011, 06:10 PM
 
Location: Beautiful Pelham Parkway,The Bronx
7,007 posts, read 12,549,713 times
Reputation: 4570
Why do you not want to let the inspector in ?

The DOB can get real nasty when they suspect something is up.
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Old 04-07-2011, 06:21 PM
 
Location: Queens, Ny
6 posts, read 15,701 times
Reputation: 12
I am just wondering what can happen if I let them in.
I was told I could be forced to remove the kitchen and bathroom.
Could I be forced to demolish the apartment?
What fines am I looking at? what is the best course of action?
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Old 04-07-2011, 06:29 PM
 
Location: Beautiful Pelham Parkway,The Bronx
7,007 posts, read 12,549,713 times
Reputation: 4570
You can only be forced to remove them if they are illegal.If it's a legal dwelling unit you have no problem.If it's illegal,yes,they can and will force you to remove it and fine you too.

Whether it's legal or not should answer your question.
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Old 04-07-2011, 06:34 PM
 
Location: Queens, Ny
6 posts, read 15,701 times
Reputation: 12
I am assuming that it is illegal since it is a basement/cellar apartment.
what if they say it is illegal, what are the potential fines?
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Old 04-07-2011, 06:45 PM
 
Location: Beautiful Pelham Parkway,The Bronx
7,007 posts, read 12,549,713 times
Reputation: 4570
When you bought the house was there a c/o for an apartment in the basement ? Was it there when you bought it the house or did you put it in ? You must know whether you have a c/o for the apartment or not.
The fines can be substantial.... I think 5,000 or 10,000.
Some people say the best thing to do is nothing..... to not respond,on the theory that they may give up and go away.I guess this works sometimes .Other times there are inspectors who will never give up and will seek a court order to enter.In such cases it only gets worse.
Due to a lot of recent deaths of both tenants and firemen because of illegal apartments and walls they are on a campaign to crack down on these types of things.If your former tenant actually reported an "illegal apartment" they may persist.
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Old 04-07-2011, 07:01 PM
 
Location: southwest TN
7,019 posts, read 8,201,747 times
Reputation: 11474
If your apt is illegal, you face serious fines - daily until you dismantle the kitchen at minimum. If it's legal, and you did not get a permit for the work, you can again be forced to dismantle all that you did if the inspector is so inclined. IF you have a 2nd exit from the apt, you may not necessarily be in tough shape.
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Old 04-07-2011, 07:07 PM
 
Location: Queens, Ny
6 posts, read 15,701 times
Reputation: 12
The house had an apartment in the basement when iy was bought. There is no c/o for the apartment. The house c/o says single family.
What is the best thing to do? and what are the associated cost? The fine is really high. Can it be lowered?
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Old 04-07-2011, 07:11 PM
 
Location: Queens, Ny
6 posts, read 15,701 times
Reputation: 12
The only exit from the apartment(except to entrance door) leads to my apartment upstairs. Would that qualify as an exit?
Three 1/2 size windows in apartment.
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Old 04-07-2011, 07:20 PM
 
Location: Beautiful Pelham Parkway,The Bronx
7,007 posts, read 12,549,713 times
Reputation: 4570
I think the 2nd egress should go to directly to the outside but can't answer with any legal authority.Sounds like you should consult with a lawyer who specializes in these types of things.Maybe one will show up here.
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