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Unread 06-08-2012, 07:45 AM
 
4 posts, read 4,191 times
Reputation: 10
Default ECB violation for illegal conversion

I live in an apt in an 11 story building, LL just got an ECB violation for illegal conversion of a residential unit to commercial office use on 8th floor (but there are about 5 on 8th floor).
Can I stop paying rent til the violation is corrected?
If so, is this due to LL breaching my lease agreement by converting 8th floor residential unit to commercial, or why?
If any tenants in the building are behind in rent, or have been getting sued for being behind in rent, does LL have to drop the cases against them?
We just started a Tenants' Association last summer, less than one year old, and there are many problems in the building.
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Unread 06-08-2012, 09:44 AM
 
784 posts, read 1,166,219 times
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Quote:
Originally Posted by Blue3 View Post
Can I stop paying rent til the violation is corrected?
.
You don't have to concern yourself with violations, lawsuits, fines, or anything else, if your goal is just to be a bottom-feeding free-loader.

If you live there, you should pay rent.

Anything else opens the door for an eviction and a ding in your record. As it should.

If you feel that you live in an illegal apartment, you still pay rent, but then you take the LL to court for that same money.

Then again, it seems that the only thing you want is just to live for free. So have at it.
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Unread 06-08-2012, 11:49 AM
 
Location: St Thomas, US Virgin Islands
19,153 posts, read 20,076,102 times
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I agree. Also bear in mind that courts in general have upheld that even when a landlord is cited for an illegal conversion this does not allow the tenant of the illegal conversion to withhold rent. You're not even the tenant of an illegal conversion so why on earth you think you can stop paying rent is plain ridiculous. I suggest that all of the "we" who've decided to set up a tenant association start reading up on landlord tenant laws and get a real estate attorney on board ...
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Unread 06-08-2012, 11:57 AM
 
39,492 posts, read 39,078,083 times
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You have a contract that determines your and the landlord agreements.Unless the authority deems the building uninhabitablerbecause of the violation it does not effect you and your contract.
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Unread 06-08-2012, 03:53 PM
 
Location: South Jersey
798 posts, read 907,933 times
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Quote:
Originally Posted by Blue3 View Post
I live in an apt in an 11 story building, LL just got an ECB violation for illegal conversion of a residential unit to commercial office use on 8th floor (but there are about 5 on 8th floor).
Can I stop paying rent til the violation is corrected?
If so, is this due to LL breaching my lease agreement by converting 8th floor residential unit to commercial, or why?
If any tenants in the building are behind in rent, or have been getting sued for being behind in rent, does LL have to drop the cases against them?
We just started a Tenants' Association last summer, less than one year old, and there are many problems in the building.

Does this violation directly involve your apartment? If not, then why are you worrying about what is going on with the LL?
And why are you concerning yourself with other tenants problems?
Stop being so nosey
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Unread 06-08-2012, 04:07 PM
 
Location: California
4,404 posts, read 3,885,511 times
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I agree with the previous posters. If you are living there, pay your bills. What is happening with other tenants, etc has no bearing on you.
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Unread 06-08-2012, 06:09 PM
 
Location: Somewhere out there
412 posts, read 388,978 times
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Read what ECB is: "The Environmental Control Board (ECB) is a type of court called an administrative tribunal. Judges hear cases, like a court. But there are important differences. The ECB only hears cases in which New York City has charged a person or business with violating City laws that protect health, safety, and a clean environment. These violations are not crimes. If you are found guilty of an ECB charge, you need to pay a fine. You may also be ordered to fix the violation(s)." (Bold is mine).

In short the answers to all your questions is NO, NO and NOOOO. The ECB violation doesn't concern or affect you. If you stop paying rent, you will be evicted; the cases against the other non-paying tenants will continue as usual. In most cases the LL is able to cure the violation without the tenants even knowing there was one.

If there are REAL habitability issues in the building that need to be addressed, call 311.
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Unread 06-08-2012, 10:51 PM
 
12,557 posts, read 21,821,721 times
Reputation: 6918
Sounds like you are not happy there...

Life is too short and the beauty of renting is you are never more than a year from being able to move...

As to specialized legal questions... best left to a lawyer familiar with the process in your jurisdiction.
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Unread 06-09-2012, 05:31 AM
 
4 posts, read 4,191 times
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If you've ever lived in substandard housing, you would realize that the tenant(s) that get hurt are not always the ones living in the illegal units. Illegal units cause all kinds of problems that are health harming.
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Unread 06-09-2012, 05:42 AM
 
4,031 posts, read 4,010,006 times
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Quote:
Originally Posted by Blue3 View Post
If you've ever lived in substandard housing, you would realize that the tenant(s) that get hurt are not always the ones living in the illegal units. Illegal units cause all kinds of problems that are health harming.

Those illegal units are none of your concern. Your only concern is keeping up your end of the lease..if you don't like living there, move.
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