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Old 04-28-2008, 12:44 PM
 
1 posts, read 10,399 times
Reputation: 10
Unhappy My landlord received a vacate order

Hello

I live in brooklyn, new york. On or about 3/14/08. My landlord received a vacate order form the Department of buildings. This is what was posted on the wall inside the building. "VACATE - Do Not enter. The Department of Buildings has determined that conditions in this premises are imminently perilous to life. This Premises has been vacated and re-entry is prohibited untile such conditions have been elimiated to the satisfaction of the department. Violators of this commissioner's vacate order are subject to arrest.

The fire department also left a Vacate Order # V 04988!

Red Cross came to the building and took some of the tenants to a Hotel. I also spent a couple of days in a hotel.

I later found out from Red Cross that the third floor where I was staying was an addict. The landlord turn this addict into a rooming floor and there were no fire escapes. The fire department also detected a gas leak!

I tried to get my belongs out of this building. However the landlord would not permit it. I still have half of my belonging in that building. I cannot get in contact with this landlord.

Can I sue for damages? My security deposit, replevin, emotional distress, pain and suffering, and punitive damages.

I cannot afford an attorney! I lost everything!

I did not know that the third floor where I was residing was once a addict!

If anyone out there have any suggestions, I will welcome them all.

I want to sue and get my belongings or money for lost property!

My e-mail address is benharris129@yahoo.com

thanks

ben
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Old 04-28-2008, 01:11 PM
 
Location: UWS -- Lucky Me!
757 posts, read 2,262,198 times
Reputation: 181
There must be agencies that offer free legal advice for people in circumstances like yours. Call your council member and/or your community board. Both of them will be able to direct you to helpful agencies.
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Old 04-28-2008, 03:55 PM
 
Location: NJ/NY
10,526 posts, read 11,025,922 times
Reputation: 2628
Quote:
Originally Posted by van helsing View Post
I later found out from Red Cross that the third floor where I was staying was an addict. The landlord turn this addict into a rooming floor and there were no fire escapes. The fire department also detected a gas leak!

I did not know that the third floor where I was residing was once a addict!
Do you mean an "attic" like the top storage floor of a house, or an "addict" like a drug abuser? I am a little confused. If it was an attic, and an illegal department, I believe you can sue to get your rent payments back.
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Old 04-28-2008, 04:03 PM
 
Location: Bronx, NY
7,852 posts, read 13,431,194 times
Reputation: 2372
Legal-Aid
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Old 04-28-2008, 05:16 PM
 
2,742 posts, read 4,912,705 times
Reputation: 486
You can sue for your deposit, and for any damage to personal property and thats about it...
emotional distress, trust me you wont get anything\
pain and suffering, Nope... You can sue anyone you want for any reason that you want, that doesnt mean you are going to win. But trust me you wont win any money for emotional distress or pain and suffering.
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Old 05-31-2008, 09:25 PM
 
1 posts, read 10,271 times
Reputation: 11
I actually have a very similar situation.

A week ago the fire department came to my building in Brooklyn, and said that the building did not have a 2nd means of egress. It is a 3-story building with (3) 3 bedrooms and (3) studios. The studios have the fire escape and the 3bedrooms do not. Basically the wall between the two apartments is illegal.

We had the order to vacate all of the 3 bedrooms. that means me, my husband and my two children all had to leave. We are still able to access the apartment and get our belongings, but we have to go to the post office to get our mail, we have been packing all week and have been looking for another place to live.

In the meantime, I was fired from my job because i have taken off so much time, and I am living with my mother and stepfather in Jersey in their 2 bedroom home.

The fire department actually told me to consult an attorney - that I could sue the landlord for back rent. The landlord may also have an illegal setup - the building is NOT suitable for 6 apartments, only 3 - apparently he never had a certificate of occupancy for the building. They also had a bunch of other violations in the building.

Any advice??
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Old 01-21-2009, 07:29 AM
 
1 posts, read 9,807 times
Reputation: 16
Default Furnished room

To all who are complaining about illegal rooms, basements, attics, etc. I assume that all who rent out these types of occupancies have an idea that they are illegal, but because they are in very much need of a place to live rent them anyway. It only becomes an issue when the renter cannot pay rent and facing the threat of being thrown out. If it were not for these illegal apartments, half the tenants who occupy them would be living in shelters or worst in cardboard boxes. So, please, stop the crying and be grateful that at least you had a place to live.
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Old 01-21-2009, 08:08 AM
 
730 posts, read 1,814,423 times
Reputation: 314
The house next to mine has an illegal 3rd apartment in it (it's supposed to only be 2 family house) and there are over 13 people living there.

I wouldn't feel bad at all for any of the tenants or the owner if they got thrown out and fined. They know what they are doing is illegal but they do it anyway.

Living/owning illegal apartments puts not only the tenants at risk but also if there was ever a fire, the firemen responding are put at risk as well.

There is a reason there are regulations on buildings and their safety.

These companies like "Manhattan Walls" and others that install the illegal walls should all be shut down!
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Old 01-21-2009, 10:51 AM
 
Location: Washington, DC & New York
9,337 posts, read 15,363,054 times
Reputation: 4991
Quote:
Originally Posted by LynnePatrice View Post
There is a reason there are regulations on buildings and their safety.

These companies like "Manhattan Walls" and others that install the illegal walls should all be shut down!
I agree that the companies that put building occupancies over their certificates of occupancy are dangerous to the public good.

A family friend has lived in Queens for decades, and she's in her 90s, and had a similar situation to your neighbor with the illegal tenants. The neighborhood where she lives is made up of single family homes, and one house was purchased and illegally converted. There were many people coming and going at all hours; and, as it turned out, it was an illegal rooming house, but not only that, it was shift rental as well. The people would work so many hours a day and then return to the house while the people on the night shift were going to work.

While this may not seem to be an issue, it was also well over capacity, since it was basically an illegal hourly hotel. One problem with this was the trash trash generated attracted vermin, which was not a problem previously. Our friend had one cat and got another because of all of the rodents being caught in her basement from the trash pile in the neighbor's yard. I forget how they had it shut down, but it might have been through the fire department or councilman's office, but the practice continued for quite a while until it was ultimately closed.

You're right, though, that the illegal subdivisions do create a hazard for neighbors and public safety officials, not to mention the people living in the illegal residence themselves. Some immigrants might not know that this is not an accepted practice in NYC, but still I agree that many do know what is legal and illegal in such situations in short order.
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Old 09-13-2013, 09:15 AM
 
1 posts, read 2,834 times
Reputation: 10
The Building Department of NYC came to my basement apartment and said that we need to vacate. He was going to post a vacate notice on the door next week. I have no other place to go, my question is where do I go and is the landlord responsibility to pay for a hotel. We a family of 4 with a small child.
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