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There's a case that was in Staten Island ACQUINO v. BALLESTER last yr for similar issue. ACQUINO v. BALLESTER, No. 4695/12., September 19, 2012 - NY Civil Court | FindLaw
Seems Staten Island civil court is starting to crack down. Renter went through real estate agent who now thanks to her counter suit is now able to sue them for rent paid etc.
The outcome was that the plaintiff did NOT receive a court ruling which returned to her the rent she had paid to the LL. What she DID get back was her security deposit; she was also reimbursed for moving expenses. She now has to sue the realtor who placed her in the unit for the rent she paid to the LL as the realtor should have verified that the unit was legal. Did a realtor find you this apartment?
Good luck in court tomorrow! And, as advised in an earlier post, stick to the facts and leave the emotions out of the picture.
The outcome was that the plaintiff did NOT receive a court ruling which returned to her the rent she had paid to the LL. What she DID get back was her security deposit; she was also reimbursed for moving expenses. She now has to sue the realtor who placed her in the unit for the rent she paid to the LL as the realtor should have verified that the unit was legal. Did a realtor find you this apartment?
Good luck in court tomorrow! And, as advised in an earlier post, stick to the facts and leave the emotions out of the picture.
No a realtor did not help me. It was from a friend who knew it was empty, the prior tenants left everything behind, both were addicts and male renter has a history of being a professional thief according to landlord and told later by neighbor who I got friendly with that said I was the first sane renter landlord rented to! From what I learned from neighbor there was a high turnaround of tenants for this house. In the timeframe from 2006 to 2009 he rented basement 1 st fl to my current 2/3 fl tenant above me. There was only one renter in the above rental 2/3 fl and he can't keep anyone in bottom floors basement / 1st fl in history of renting from 2006 till current except current upper tenant.
Last edited by Marlnails; 02-26-2014 at 01:19 PM..
Reason: Added info
Former SIer here. In NYC, renting an illegal apartment is an issue for the landlord, and not for the tenant. You see, the landlord has no legal grounds upon which to base any suit. You cannot be sued for non-payment of rent because the landlord is not entitled to collect any rent for an illegal apt. Additionally, the landlord may/usually is held responsible for daily fines for each day you live there after the landlord is informed by the building inspector that the space cannot have anyone living there.
What does that mean? It means the landlord cannot sue you to move out AND the landlord can be assessed daily fines having you live there. What you need to have before going to court is a copy of the information from the building inspector's office (borough hall down by the ferry) that states the apt is illegal. Bring your rent receipts and any communication to you from the LL, as well as notices.
Go to court and watch the other cases. Listen and learn. When your case is announced, approach the table opposite the landlord/LL's attorney. The judge will ask where your attorney is; say you cannot afford one and have a list of the agencies where you tried. The landlord will be required to prove his case - that you stayed past the eviction notice.
You will get your chance. Do not approach the bench (where the judge sits). Tell the judge you have a document stating the apt is illegal or otherwise in violation with the building inspector's office. The bailiff will take those papers. Let the judge ask you questions. You will not be put out on the street.
DO NOT - absolutely DO NOT even consider going to project hospitality on bay street. STAY AWAY. Keep your children away from there. I tried to volunteer with them - and the scenes I witnessed in the lobby waiting for 1/2 hour for the person I was to meet with had me nearly running from the building.
There is a project hospitality way up Victory on a side street - I cannot think of thename right now - but it's in a decent neighborhood. If you want, I will find out that information and get it to you.
As others in this thread have said, you may stand a chance of getting the landlord to pay you to move as well as returning your security deposit if, in fact, the apt is illegal because the landlord had no right to take it. Assuming the LL is being fined daily, it will be far cheaper for him to pay you to move than to deal with fines for as long as you wish to stay. But it sounds as though you need to move to a legal place.
OK, then it's highly unlikely you'll have any recourse for getting the rent you've already paid returned to you, which was the point I was making based on the case you linked.
Again, your family and financial situation and everything you've heard about what happened in the place prior to your moving in has no relevance in court so don't bring any of it up as you'll only annoy the judge. The only issue, as far as I can see, is that you've paid your rent so what are the grounds for the LL seeking to remove you? This is ALL what the court case tomorrow is about.
Take with you whatever lease you have and all records of rent payments. Don't interrupt the judge and don't interrupt your LL when he's giving his side of the story. You'll have your turn.
All that is listed in holdover petition is LL is seeking to recover apartment cause I didn't move out in the 30 day notice and to recover any rent due in the term use and occupation instead of rent. as this past jan as well as to cover any legal proceedings he incurs . No other reason of fault like disruption, failure to pay back rent, etc. once it got the 30 day notice in dec I stopped paying him. Only the court can put use and occupation instead of rent in paperwork from what I found out. Either way once I found out the building info I stopped rent.
All I have is cancelled checks of everything I paid him, nothing else regarding lease was done in writing which makes me a month to month tenant. Repairs I have receipts. And statement of recent flood by pictures and witnesses.
I have from the dept of buildings a copy of the certificate of occupancy as what they have on there site available once you put in the lot info. From the site as well has a history of permits ever issued and there is none listed.
From the finance dept I have a copy of the tax code what the house is listed as well as the history.
Last edited by Marlnails; 02-26-2014 at 02:35 PM..
Annie, from what I am reading it seems once the issue of the illegal apartment comes up I will be forced to move in less then 10 days. How that's even possible I have no clue. In his petition he might of outed himself cause documents for property he wishes to recover is listed " basement and first floor". Don't know if judge will question that or even catch that.
I didn't have it inspected yet nor did I call 311 to report him. As for the buildings info I have printed out the certificate of occupancy that is listed real time on the ny buildings site. On there site also list any permits ever issued for the address and there is none.
Side note when I put in his address where he lives he did the same thing to his current address as to pertaining to converting the garage to living space. Only thing is he was caught and issued a $500 fine and there is still a open case pertaining it no C of O is currently issued. There's a lien as well. But for my address there is no fines or liens listed.
All that is listed in holdover petition is LL is seeking to recover apartment cause I didn't move out in the 30 day notice and to recover any rent due in the term use and occupation instead of rent. as this past jan as well as to cover any legal proceedings he incurs . No other reason of fault like disruption, failure to pay back rent, etc. once it got the 30 day notice in dec I stopped paying him. Only the court can put use and occupation instead of rent in paperwork from what I found out. Either way once I found out the building info I stopped rent.
All I have is cancelled checks of everything I paid him, nothing else regarding lease was done in writing which makes me a month to month tenant. Repairs I have receipts. And statement of recent flood by pictures and witnesses.
I have from the dept of buildings a copy of the certificate of occupancy as what they have on there site available once you put in the lot info. From the site as well has a history of permits ever issued and there is none listed.
From the finance dept I have a copy of the tax code what the house is listed as well as the history.
Wait, if you're on a month-to-month then the landlord can give you 30 days notice to move at any time, at his discretion, for any reason he wants, just as you can give him 30 days notice that you're moving at any time, at your discretion, for any reason you want. What I'm reading is the landlord gave you legal notice to move (30 days), and you didn't, and now he wants you out, and you don't want to go. Is this the case?
Wait, if you're on a month-to-month then the landlord can give you 30 days notice to move at any time, at his discretion, for any reason he wants, just as you can give him 30 days notice that you're moving at any time, at your discretion, for any reason you want. What I'm reading is the landlord gave you legal notice to move (30 days), and you didn't, and now he wants you out, and you don't want to go. Is this the case?
It's a retaliatory eviction in the form of a holdover. I was paid up in rent prior to 30 day notice. There are many repairs needed like working heat for one basement is not at all working and haven't worked in a long time. I was complaining for him to fix it. Before notice was given.
The window is broken in basement as in broken hole in window pane possible from hurricane sandy. Bedbugs that I never had ever before and now have since living there. Apartment is illegal.
All that is listed in holdover petition is LL is seeking to recover apartment cause I didn't move out in the 30 day notice and to recover any rent due in the term use and occupation instead of rent. as this past jan as well as to cover any legal proceedings he incurs .
Oh my, I think your day in court is not going to go well. You were given legal notice to vacate, you didn't and this is why your LL is taking you to court. Whether or not the unit is illegal you don't have a leg to stand on. Sorry.
Oh my, I think your day in court is not going to go well. You were given legal notice to vacate, you didn't and this is why your LL is taking you to court. Whether or not the unit is illegal you don't have a leg to stand on. Sorry.
According to other legal sources he had to follow legal course which is a gamble for him. Which some go through without the tenant using illegal apartment as a answer. Yes I didn't move cause his 30 day notice didn't give any other reason nor was it signed by him. Which he had to do. He followed suit cause I was complaining the apartment needed repairs. So that's not enough your saying?
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