Landlord is evicting me from illegal attic (New York, York: apartments, renters)
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Hi, Everyone! I have a holdover case against me filed by LL's attorney.
It all started in November 2020 when LL found out that I was pregnant (7-8 months) and told me to move out because my baby will overuse the water in the house (crazy, I know). I ended up in a heart doctor office because I had a panic attack and my heart was jumping out of my chest. Needless to remind you what a year 2020 was. Pandemia, I got laid off, got pregnant with so long desired baby... so moving to another (bigger) place was postponed because we had no idea what is going to happen next. After I heard LL's request, it triggered me to investigate deeper. And this is when I realized that my apartment and all other apartments in the house are illegal. It is a 2-family house as per certificate of occupancy and there are 6 apartments. 1 - in the basement (she removed tenants from there after my letter - keep reading), 2 on the 1st floor (there should be 1 apartment as per DOB drawings), 2 - on the 2nd floor (no drawings for the 2nd floor but since it is a 2-family house there should be only 2 apartments, so 2nd floor must 1 apartment only), 1 - on the attic (that's where we live). LL's attorney referred to our apt as TOP FLOOR. So, when I found that she does not have HPD registration, only 2 units are registered in HPD, no DHCR filings obviously and not a single word about existence of 6 apartments anywhere, I sent her a letter saying that she needs to correct all conditions in the house and do all proper filings, permits and registrations and that I am withholding rent until all that is done. I just needed time to give birth and find a new apartment.
In the end of December, she sent me 90-days notice to vacate till March 31st. In March, I emailed her attorney saying that we are looking for a new apartment. In May, he sent another set of 90 days notice and request to vacate by August 31st. Less than a month after that, I got a notice about court proceeding started. Since then, we have been waiting for a court date.
Last week I got a letter with the court date - March 28th. Today I got another letter with the court date - March 17th. I checked online and LL's attorney filed 2 cases. Original in June 2021 and corrections in February 2022. They are asking to pay use and occupancy for all this time and of course, to evict us.
Questions:
- As far as I understand, I don't need to pay for illegal apartment, right? Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
- I will use as a defense that LL is retaliating to me for that letter, and that apartment is illegal. Can I counterclaim LL for harassing me and evicting me because of my baby? She also removed doorbells, so I wouldn't give access to DOB inspector (this is what I wrote in the letter as well). Is this considered a harassment?
- Why did LL's attorney send 90-days notice twice? and why he started the case before the terms of the second notice expired? any ideas?
- Any recommendations are greatly appreciated
What is your end game? 90 days is more than enough time to find an apartment. Also this is the optimal time to find an apartment before spring summer when everyone else is moving. In addition the apartment prices are creeping up so if I were you I would move.
If you eventually have an eviction there are not many landlords who will rent to you no matter what your reasons are as most LL are aware how long and drawn out a court battle is.
Also you aren't exactly looking like an appealing tenant after haven't paid rent since 2020. Try to move while you still have no eviction and can still negotiate an ok referral from your current landlord.
I know 2 renters who were able to negotiate free month/free parking because of the availability of apartments. If the landlord gave you notice in 2020 and you still haven't moved in 2022, is it the illegality of the apartment that bothers you or are you just looking to squat?
If the place is so horrible that you can't pay rent, you are having heart palpitations and stress I would think you would want to leave no?
You found out that you were pregnant in 2020. You stated "I just needed time to give birth and find a new apartment". I think normal gestation time is 9 months. That would take you into early 2021. Then Time to find an apartment should be 3 months at maximum.
If you haven't been paying rent all this time I would look for a house to buy if I were you (Hope you saved all the back rent, tax return and stimmy money received in the past 2 years).
You should apply for first time home buyers grant. You can get up to $20K.
Hopefully you have a husband/baby father/boyfriend situation who can help out ( and you aren't just 2 broke people trying to live for free and bringing a baby into the world).
Laid off............got pregnant...............I don't need to pay for an illegal apartment,right?
Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
Can I counterclaim LL for harassing me and evicting me?
And one wonders why so many Landlords prefer to keep their apartments empty!
...And this is when I realized that my apartment and all other apartments in the house are illegal... ...1 - on the attic (that's where we live)...
You are equally at fault as much as the LL. For ages now attic apartments have been illegal in NYS. If a fire breaks out, then how do you safely get out in time? Even if you "didn't know", an attic arrangement should have looked awfully sketchy by way of common sense. You should have avoided the "apartment" and reported it right from the start. By participating, you share fault with the LL.
Let's face it, you had time to find a new apartment and you didn't. The landlord asked you to move out for whatever reason and so you tried to find a way to put pressure on the landlord so you could stay. But you did this by trying to force them to make changes to their building and file with the DOB. So now you are just a headache to them. Whatever happens you will have to leave anyway because you can't force someone to bring their illegal apartment to regulations. If this goes to court no judge is going to grant you money, they will get a fine and you will get kicked out. So what do you want? Money? Free rent? But really what is more important, a few thousand dollars or not having an eviction on your record? Unless you are one of those people that really knows the system and systematically take advantage of landlords and are able to stay in their apartments without paying rent for years. (Yes there are people like that) I'd suggest make a deal with the landlord to move out and not have the eviction. Renting another apartment with the eviction will be difficult/impossible unless you get a small time landlord that doesn't run background checks. Too bad you didn't move out in 2020/2021 when rents were dirt cheap. AND it is an attic apartment, so what are you saving? 12k a year by trying to not pay rent and living in a hostile stressful environment? That amount of money is not worth the stress and the eviction on your record.
Hi, Everyone! I have a holdover case against me filed by LL's attorney.
It all started in November 2020 when LL found out that I was pregnant (7-8 months) and told me to move out because my baby will overuse the water in the house (crazy, I know). I ended up in a heart doctor office because I had a panic attack and my heart was jumping out of my chest. Needless to remind you what a year 2020 was. Pandemia, I got laid off, got pregnant with so long desired baby... so moving to another (bigger) place was postponed because we had no idea what is going to happen next. After I heard LL's request, it triggered me to investigate deeper. And this is when I realized that my apartment and all other apartments in the house are illegal. It is a 2-family house as per certificate of occupancy and there are 6 apartments. 1 - in the basement (she removed tenants from there after my letter - keep reading), 2 on the 1st floor (there should be 1 apartment as per DOB drawings), 2 - on the 2nd floor (no drawings for the 2nd floor but since it is a 2-family house there should be only 2 apartments, so 2nd floor must 1 apartment only), 1 - on the attic (that's where we live). LL's attorney referred to our apt as TOP FLOOR. So, when I found that she does not have HPD registration, only 2 units are registered in HPD, no DHCR filings obviously and not a single word about existence of 6 apartments anywhere, I sent her a letter saying that she needs to correct all conditions in the house and do all proper filings, permits and registrations and that I am withholding rent until all that is done. I just needed time to give birth and find a new apartment.
In the end of December, she sent me 90-days notice to vacate till March 31st. In March, I emailed her attorney saying that we are looking for a new apartment. In May, he sent another set of 90 days notice and request to vacate by August 31st. Less than a month after that, I got a notice about court proceeding started. Since then, we have been waiting for a court date.
Last week I got a letter with the court date - March 28th. Today I got another letter with the court date - March 17th. I checked online and LL's attorney filed 2 cases. Original in June 2021 and corrections in February 2022. They are asking to pay use and occupancy for all this time and of course, to evict us.
Questions:
- As far as I understand, I don't need to pay for illegal apartment, right? Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
- I will use as a defense that LL is retaliating to me for that letter, and that apartment is illegal. Can I counterclaim LL for harassing me and evicting me because of my baby? She also removed doorbells, so I wouldn't give access to DOB inspector (this is what I wrote in the letter as well). Is this considered a harassment?
- Why did LL's attorney send 90-days notice twice? and why he started the case before the terms of the second notice expired? any ideas?
- Any recommendations are greatly appreciated
Sorry for a lot of letters
New member first (troll) posts can sometimes be fun to read but I don't believe a word of this. I like it better when I get sucked into believing the story for at least a few minutes. Sadly, that didn't happen here.
New member first (troll) posts can sometimes be fun to read but I don't believe a word of this. I like it better when I get sucked into believing the story for at least a few minutes. Sadly, that didn't happen here.
That's a whole lot of details to be a troll post. I think it's real.
You are not allowed to live in an illegal apartment, you will have to leave any way you look at it. But similarly, landlords are not allowed to rent illegal spaces. If the city is notified he will be fined a substantial amount - that is your leverage. Tell the landlord you will leave for a big payoff or you will report them. If they refuse, say fine - evict me. The landlord will not be entitled to any back rent and will get fined. Keep in mind any way you look at it you will have to leave (unless he decides to let you stay)
Hi, Everyone! I have a holdover case against me filed by LL's attorney.
It all started in November 2020 when LL found out that I was pregnant (7-8 months) and told me to move out because my baby will overuse the water in the house (crazy, I know). I ended up in a heart doctor office because I had a panic attack and my heart was jumping out of my chest. Needless to remind you what a year 2020 was. Pandemia, I got laid off, got pregnant with so long desired baby... so moving to another (bigger) place was postponed because we had no idea what is going to happen next. After I heard LL's request, it triggered me to investigate deeper. And this is when I realized that my apartment and all other apartments in the house are illegal. It is a 2-family house as per certificate of occupancy and there are 6 apartments. 1 - in the basement (she removed tenants from there after my letter - keep reading), 2 on the 1st floor (there should be 1 apartment as per DOB drawings), 2 - on the 2nd floor (no drawings for the 2nd floor but since it is a 2-family house there should be only 2 apartments, so 2nd floor must 1 apartment only), 1 - on the attic (that's where we live). LL's attorney referred to our apt as TOP FLOOR. So, when I found that she does not have HPD registration, only 2 units are registered in HPD, no DHCR filings obviously and not a single word about existence of 6 apartments anywhere, I sent her a letter saying that she needs to correct all conditions in the house and do all proper filings, permits and registrations and that I am withholding rent until all that is done. I just needed time to give birth and find a new apartment.
In the end of December, she sent me 90-days notice to vacate till March 31st. In March, I emailed her attorney saying that we are looking for a new apartment. In May, he sent another set of 90 days notice and request to vacate by August 31st. Less than a month after that, I got a notice about court proceeding started. Since then, we have been waiting for a court date.
Last week I got a letter with the court date - March 28th. Today I got another letter with the court date - March 17th. I checked online and LL's attorney filed 2 cases. Original in June 2021 and corrections in February 2022. They are asking to pay use and occupancy for all this time and of course, to evict us.
Questions:
- As far as I understand, I don't need to pay for illegal apartment, right? Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
- I will use as a defense that LL is retaliating to me for that letter, and that apartment is illegal. Can I counterclaim LL for harassing me and evicting me because of my baby? She also removed doorbells, so I wouldn't give access to DOB inspector (this is what I wrote in the letter as well). Is this considered a harassment?
- Why did LL's attorney send 90-days notice twice? and why he started the case before the terms of the second notice expired? any ideas?
- Any recommendations are greatly appreciated
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
You are equally at fault as much as the LL. For ages now attic apartments have been illegal in NYS. If a fire breaks out, then how do you safely get out in time? Even if you "didn't know", an attic arrangement should have looked awfully sketchy by way of common sense. You should have avoided the "apartment" and reported it right from the start. By participating, you share fault with the LL.
Attics aren't all illegal a living spaces, and neither are they all legal living spaces.
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