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I have court tomorrow to be evicted from my apartment. It's a long story that I posted previously. Anyway it is a one family cape in Central Islip. After going to the building department, I have come to find out that it is illegal since he chopped a one family up into 3 apartments (basement, first floor, second floor), and not only is the house illegal, his permit to RENT it at all, even legally expired in May 2005 which means that he is supposed to live here and he does not. I know that in NYC, illegal apartments cannot be heard in Housing Court but must be heard in Supreme Court; is the same true in Suffolk County? My court papers are a Notice Of Petition Holdover in the 5th District Court. Can I show the Judge the papers from the building department and ask that the case be dismissed and taken to Supreme Court? Please, I need an answer from someone who knows, not just guesses. Thanks.
You're going to have to leave the apartment but he is NOT entitled to a penny in back rent. NOTHING at all since the apartment is illegal and he has no right to rent it. There is plenty of caselaw on this.... If the judge rules in his favor and makes you pay anything to the LL, you have to appeal it. The judge will look like a fool making an error like that.
PS: You don't need to take it to Supreme Court.... the apartment is illegal, so you HAVE to move. He is not entitled to any money, so you don't have to pay him anything.
I re-read the other thread. Again, I think what would be best for you based on what you've said is to just get out of this situation and find a new place to live. It's not that hard to find an apartment.
Why spend your time in court fighting to stay in a bad situation in what you now know is an illegal apartment? I suppose it would buy you a little extra time, but more court dates are not the answer for you. Use that time instead to just find a new place and get a roof over your head for you and your family.
I hope everything works out well for you. It's cold out there.
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