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I already told the landlord I can't rent that room to anyone knowing its illegal, if I was desperate and needed to stay that would be another story but I have morals. I am also pregnant, if I refuse to sleep in the room, I wouldn't recommend anyone else doing so. Having someone else would basically be the final option of I had no other choice and had to stay. But that's not the case, so luckily neither I nor anyone I know will have to occupy that room.
Just based on the responses I am receiving from people that I ask. Some say it's illegal, others say well we saw the room and were ok with it, it's still ok because it's an office etc etc.
Just based on the responses I am receiving from people that I ask. Some say it's illegal, others say well we saw the room and were ok with it, it's still ok because it's an office etc etc.
I think to some extent all of that is true. Yes, it was technically illegal that he advertised the apartment as a 2 bedroom, but I do not know of any cases where a landlord was sued after the fact for having mis-represented the number of bedrooms in a rental apartment advertisement.
I did a quick search for NY Times articles with keywords like "no windows" and "Bedroom" "nyc" and did come up with some mentions, but none about any legal action. The closest I came to anything that relates to your situation is this article http://www.nytimes.com/2014/11/30/re...-schedule.html
where the tenants negotiated the LL down in rent from $2850 to $2700 because the "3 bedroom" he was advertising was really a "two bedroom plus office" similar to your case. However, the key point is they negotiated upfront when they saw the space and before they signed the lease.
So I'm not sure what people are suggesting when they say you have any recourse now. Maybe you should ask that question. Are they suggesting you sue? Stop paying rent?
Your landlord is still advertising it illegally. I believe any room without a window cannot be considered a habitable space. Meaning it can't be an office either, because you'll be spending time in it. At best he could advertise it as a storage space. Even with a window it might not be considered habitable. It's not just for ventilation, but the room must have over 50% natural lighting to be habitable.
It's also illegal for there to be holes going from your apartment to the downstairs convenience store where the bugs traveled through. It's against fire codes because now a fire can spread from the downstairs to your apartment.
Regardless, since you're moving anyway all this is the next tenant's problem. But just some information for your next search.
I think to some extent all of that is true. Yes, it was technically illegal that he advertised the apartment as a 2 bedroom, but I do not know of any cases where a landlord was sued after the fact for having mis-represented the number of bedrooms in a rental apartment advertisement.
I did a quick search for NY Times articles with keywords like "no windows" and "Bedroom" "nyc" and did come up with some mentions, but none about any legal action. The closest I came to anything that relates to your situation is this article http://www.nytimes.com/2014/11/30/re...-schedule.html
where the tenants negotiated the LL down in rent from $2850 to $2700 because the "3 bedroom" he was advertising was really a "two bedroom plus office" similar to your case. However, the key point is they negotiated upfront when they saw the space and before they signed the lease.
So I'm not sure what people are suggesting when they say you have any recourse now. Maybe you should ask that question. Are they suggesting you sue? Stop paying rent?
There have been suggestions to sue or stop paying rent but I didn't think that was the more reasonable route. There is always the possibility that it doesn't work in the tenants favor. I simply asked him to break the lease early, and I told him that the room was illegal. I work for the city council so I think he didn't want any extra issues. Besides that, I said I couldn't afford the place by myself if she left and that to avoid both of us taking a large financial blow, it's in his best interest to let us leave early. He admitted his wrong doing and said its fine, I have to give him 2 months notice so he can find another tenant and we are good to go.
Your landlord is still advertising it illegally. I believe any room without a window cannot be considered a habitable space. Meaning it can't be an office either, because you'll be spending time in it. At best he could advertise it as a storage space. Even with a window it might not be considered habitable. It's not just for ventilation, but the room must have over 50% natural lighting to be habitable.
It's also illegal for there to be holes going from your apartment to the downstairs convenience store where the bugs traveled through. It's against fire codes because now a fire can spread from the downstairs to your apartment.
Regardless, since you're moving anyway all this is the next tenant's problem. But just some information for your next search.
Exactly, and these are all issues that I brought up to him during my request to break the lease.
thank goodness you are moving. sounds like the landlord misrepresented the apartment. but your roommate agreed to the windowless room...
Yes, and he has every intention of doing the same to the next tenant. He says he may or may not call it an office. He knows no one in their right mind will answer an ad for a one bedroom plus extra room for over 1550 and no utilities included in this part of town. Well maybe they would, but boy do they have some issues coming their way.
All rooms must have windows. So he can't even call it an office. He maybe could get away with calling it an office alcove. Not a room. Certainly not a bedroom!
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