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That's not true in all jurisdictions. And, you are ignoring the fact that an illegal contact cannot be enforced.
sorry , but this is not correct….
there was a decision made in new york state appellate court that was made to settle the different views the different localities had on whether rent has to be paid for apartments which are not legal .
“The Appellate Court further made clear in its opinion that even the absence of a certificate of occupancy does not bar a landlord from recovering rent in a non-payment action, provided that there are less than three families living in the premises.
As a result of the decision in Pickering v Chappe, supra, there is no longer any disparity or misunderstanding of the relationship between the legality of the premises to the collection of rent, and the impact of town ordinances on landlord-tenant proceedings.
From time-to-time you will still see an inexperienced lawyer or pro se litigant attempt to raise the defense that the non-payment action must be dismissed because the apartment is illegal; those lawyers and parties generally get a rude awaking to the new state of the law.”
there was a decision made in new york state appellate court that was made to settle the different views the different localities had on whether rent has to be paid for apartments which are not legal .
“The Appellate Court further made clear in its opinion that even the absence of a certificate of occupancy does not bar a landlord from recovering rent in a non-payment action, provided that there are less than three families living in the premises.
As a result of the decision in Pickering v Chappe, supra, there is no longer any disparity or misunderstanding of the relationship between the legality of the premises to the collection of rent, and the impact of town ordinances on landlord-tenant proceedings.
From time-to-time you will still see an inexperienced lawyer or pro se litigant attempt to raise the defense that the non-payment action must be dismissed because the apartment is illegal; those lawyers and parties generally get a rude awaking to the new state of the law.”
But if the building was multiple occupancy, then collecting rent would be illegal because of the Multiple Dwelling Law.
it has to contain 3 families living independently and that would be true .
it sounds like these rooms are all independent of each other
New York’s Multiple Dwelling Law §4(7) defines a "multiple dwelling" as a "dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other."
so it has nothing to do with enforcing an illegal contract or not …it is based on how many families are involved and whether the dwelling is considered 3 units or not
Last edited by mathjak107; 04-22-2023 at 04:42 PM..
Another long island snitch. Not only did they skip town on the rent they want to get the ll in trouble. This is the epitome of bad tenants !
Any thoughts on people renting illegal apartments? Such as...
1. Takes money away from legitimate landlords who have to have their units inspected and permitted, and are often held to an arguably unconstitutional and illegal higher standard than homeowners. And it ALL costs landlords money, not to mention the unfair and illegal competition. Government treats tenants like children, and the landlords seemingly have the same responsibility and legal exposure as a parent.
2. Helps illegal landlords pay their bills or become wealthier at the expense of surrounding homeowners who have to pay bills out of pocket, work for the money, deal with extra cars, noise, possibility of having someone with a dangerous or criminal past (or even criminal present) living next door.
3. Reduces quality of life for honest residents all while their property taxes increase yearly, partly to cover the burden of the "extra" residents. And I won't even get into illegal tenants having kids in a school system. We all know school taxes are the biggest slice of the tax pie graph, right?
There's more, but no sense posting a small novel here....
I assume this happens here. Where I have rentals in Florida we have a group of hundreds and hundreds of property owners covering a 30 sq mile area. We update it with and tenants and the reason why. Some of these people have tried with 6-7 owners and get rejected because they are on the list. Once you don’t pay it’s basically impossible to rent from a small landlord a big complex sure we don’t keep records with them. Our policy is no matter what get the eviction on their credit report to protect the next person. We know no $$ will be recovered but it makes it very hard for the dead west to rent again.
there was a decision made in new york state appellate court that was made to settle the different views the different localities had on whether rent has to be paid for apartments which are not legal .
“The Appellate Court further made clear in its opinion that even the absence of a certificate of occupancy does not bar a landlord from recovering rent in a non-payment action, provided that there are less than three families living in the premises.
As a result of the decision in Pickering v Chappe, supra, there is no longer any disparity or misunderstanding of the relationship between the legality of the premises to the collection of rent, and the impact of town ordinances on landlord-tenant proceedings.
From time-to-time you will still see an inexperienced lawyer or pro se litigant attempt to raise the defense that the non-payment action must be dismissed because the apartment is illegal; those lawyers and parties generally get a rude awaking to the new state of the law.”
Right. The only way that an "unenforceable contract" may come into play is allowing early release from the lease, or in other words not forcing the tenant to continue a lease on an illegal apartment. It won't negate previous rent owed for the contractual agreement of space-for-money.
Right. The only way that an "unenforceable contract" may come into play is allowing early release from the lease, or in other words not forcing the tenant to continue a lease on an illegal apartment. It won't negate previous rent owed for the contractual agreement of space-for-money.
not totally true .
the multiple dwelling law says that rents can not be collected that are owed when 3 families or more are living in a dwelling that is not legal . like a boarding house as an example where there are three make shift apartments housing multiple families separately that are not legal apartments
Last edited by mathjak107; 04-23-2023 at 04:58 AM..
the multiple dwelling law says that rents can not be collected that are owed when 3 families or more are living in a dwelling that is not legal . like a boarding house as an example where there are three make shift apartments housing multiple families separately that are not legal apartments
Does the MDL make distinction between those units that are unlawful because they fail to meet habitable space standards as set forth in the Uniform Fire Prevention and Building Code vs those that are unlawful because they don't have local jurisdictional approval?
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