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Originally Posted by Kefir King
That cannot be an absolute. I have a single door and windows 150 feet up and I cannot fly. Thus I have only ONE means of egress (same with my last apartment.)
So I assume that a building deemed "fireproof" is exempt? Or are basements held to stricter standards?
Would a basement in my "fireproof" buiding be held to the same standards of two means of egress as a basement in a 5 story walkup with fire escapes hanging in front?
BTW, a landlord is not allowed to collect rent on an illegal apartment...so be advised accordingly.
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You live in a modern building, correct?
You not only have a fireproof door, but likely sprinklers as well; multiple staircases. Modern buildings also have other safety features that help to keep a fire from spreading. Modern buildings are designed to contain a fire not only to a floor, but also to the originating apt.
In modern buildings you are generally instructed and are said toto be safest staying in your apartment; and oh, ahh, 'close the door'! You should also note in modern buildings, the apt door will not stay open!
Also depending upon how large and modern, the building may be plugged into a monitoring system and/or to the fire dept. So no one has to call 911 to report a fire.
The average home has none of these safety features, so the 'codes' are determined to deal with the differing circumstances, and to insure that residents can evacuate in a fire emergency. Since smoke is not contained it is important to get out.
I live in a modern building with a balcony. I plan on purchasing a *slide*. In the event of a catastrophe I can get my GF out by way of the balcony and slide. Smoke is the greatest danger in a fire.
Consequently, it is a good idea to keep a couple of tanks of air and a breathing mask, and of course flashlights with batteries; and of course a fire extinguisher, particularely if you don't have sprinklers. Even if you do, its still a good idea, as having the sprinklers go off is the last thing you want if you can extinguish the fire quickly. Water damage can be excessive from sprinklers, and you will be responsible for water damage to the other apartments.
Renters insurance is a good idea, just from this perspective.
Quote:
Suzushiiro,
I do not think you are in danger of immediate eviction but DO put your feelers out and find something you like.
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You know next to nothing about the fire codes, the legality of the apt, but you choose to advise the OP.
Some of you folks simply need to stop guessing! What is the point in providing wrong and useless info?!
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OP, prepare to move at any moment.
If the apt is deemed to be 'illegal', it is not habitable!
The LL will be required to evict you asap! Since the eviction is not the average non-payment or holdover case, it will move faster. The LL will be motivated as he will be subject to fines as long as the space is occupied.
As some one has suggested, negotiate with the LL for all or part of the rent that has been paid, as the LL is not legally entitled to any of it, past, present nor future. At minimum, you should obligate the LL to pay your moving expenses, whatever it takes to get you into a new *legal* apartment. It is his obligation. You could holdout for all of your rent paid, but that would likely involve going to court, rather than that you can ask for 3 or 4 months rent of what your new rent will be, as well as the cost of movers.
So, for example, if you are paying $500 and the new legal place cost $1000, then ask for $3K or $4K plus movers cost of say $500.
If you have been living there for a year or more, for example, paying $500 per, that is $6000. None of which he is entitled to, and legally you can sue to be reimbursed. So, legally and financially, it is in the LL's interest to *settle* as in the example above. Obviously, it is cheaper.
Don't be greedy, but do be prudent. I suggest you find a good LL/Tenant attorney. Call your local couunty bar association, and/or the NY county bar association. Each will have a free service which will reccommend a competent attorney in the applicable area of law. In this case a real estate litigation atty or LL/Tenant attorney. Also include the attorney's fee in the negotiated amount. Of course, you'll have to pay the attorney a retainer fee at the start.
Now, all that is predicated on the LL's capability to pay. If he has no money then what can you do? You can workout a payout over time. Though that won't be of immediate help to you.
Btw, don't let any of the numnuts in this forum chide you into thinking that you are in anyway responsible or that the negotiated amount s/b mitigated in any way, because you were *aware* that the apt was illegal when you rented.
The onus is completely and fully upon the LL. Your knowledge and/or action thereupon has absolutely no bearing!
Luck and be more wise next time. It is foolish to have put yourself and/or your loved one(s) in danger.
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