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I have moved in to a brownstone apartment in the SOHO area of NYC.
I was under the impression that the apartment was legal before moving in, much to my dismey, i think my apartment is illegal.
I work in the non-for profit arena, and don't want to be associated with anything illegal. When signing the lease, the landlord requested I pay three months at a time, with 2 months security and wrote the lease out to myself, and one of my corperations. He also used a standard blumbberg lease.
Now about the apartment. It is a Cellar apartment with its own entrance, more then half the apartment is under ground level. There are no windows at all in the bedroom. The living room has glass blocks that don't open, and there is not one window that opens in any room.
The bathroom has a shower, a toilet and a sink. There is also a backdoor leading out to the shared court yard. I mentioned to the landlord that I think the apartment is illegal, and he got very hot headed. I told him i looked up the COA, and that there is not one. He stated to me I am a fool and it is becuase it is built before 19 thirty-something. I know there won't be a COA if thats the case, but I don't believe it is legal to rent an apartment with no opening window, that is a cellar apartment. I also know there is something else to check other then a COA, but i forgot what it is. Any answer to point me in the right direction would be great.
I am not looking to live there for free (as many attorney have told me i can), i am not looking for my money back (i am paid till july 31st, again its been told i can, plus expenses to move out and sue for past rents given) I am looking to break my lease and move in to a legal apartment with windows that open, and have some sunlight in my bedroom.
I have no problem hiring an attorney to take care of the issue for me but before i do i would like to get the opinion of this board if the apartment is legal, or illegal and how i should proceed.
I have moved in to a brownstone apartment in the SOHO area of NYC.
I was under the impression that the apartment was legal before moving in, much to my dismey, i think my apartment is illegal.
I work in the non-for profit arena, and don't want to be associated with anything illegal. When signing the lease, the landlord requested I pay three months at a time, with 2 months security and wrote the lease out to myself, and one of my corperations. He also used a standard blumbberg lease.
Now about the apartment. It is a Cellar apartment with its own entrance, more then half the apartment is under ground level. There are no windows at all in the bedroom. The living room has glass blocks that don't open, and there is not one window that opens in any room.
The bathroom has a shower, a toilet and a sink. There is also a backdoor leading out to the shared court yard. I mentioned to the landlord that I think the apartment is illegal, and he got very hot headed. I told him i looked up the COA, and that there is not one. He stated to me I am a fool and it is becuase it is built before 19 thirty-something. I know there won't be a COA if thats the case, but I don't believe it is legal to rent an apartment with no opening window, that is a cellar apartment. I also know there is something else to check other then a COA, but i forgot what it is. Any answer to point me in the right direction would be great.
I am not looking to live there for free (as many attorney have told me i can), i am not looking for my money back (i am paid till july 31st, again its been told i can, plus expenses to move out and sue for past rents given) I am looking to break my lease and move in to a legal apartment with windows that open, and have some sunlight in my bedroom.
I have no problem hiring an attorney to take care of the issue for me but before i do i would like to get the opinion of this board if the apartment is legal, or illegal and how i should proceed.
You mention that your landlord gave you a lease. Most tenants who occupy illegal apartments dont get a lease or receipt. The landlords usually ask for cash.
However, try NYC.gov. Under the buildings department you can search for the certificate of occupancy. It will tell you if the home is a legal 2, 3 or 4 family. Under the "actions" section you can see if the owner made alterations to the building.
Since the building was built before a certain year in 1930;s, there is not a CofO. There are I cards, which i pulled, and it shows there are 3 apartments. The Cellar apartment that I reside in happens to be a 4th. I just spoke to a lawer who seemed reputibile, and in 3 minutes he was able to tell me that it is in fact illegal. He looked in the BIS system @ nyc.gov/housing.
I am having him draft up a letter, he said that the landlord will threaten with lawsuits, ect ect, and we will call his bluff then sue for back rent and moving expenses... well see
Since the building was built before a certain year in 1930;s, there is not a CofO. There are I cards, which i pulled, and it shows there are 3 apartments. The Cellar apartment that I reside in happens to be a 4th. I just spoke to a lawer who seemed reputibile, and in 3 minutes he was able to tell me that it is in fact illegal. He looked in the BIS system @ nyc.gov/housing.
I am having him draft up a letter, he said that the landlord will threaten with lawsuits, ect ect, and we will call his bluff then sue for back rent and moving expenses... well see
Since the building was built before a certain year in 1930;s, there is not a CofO. There are I cards, which i pulled, and it shows there are 3 apartments. The Cellar apartment that I reside in happens to be a 4th. I just spoke to a lawer who seemed reputibile, and in 3 minutes he was able to tell me that it is in fact illegal. He looked in the BIS system @ nyc.gov/housing.
I am having him draft up a letter, he said that the landlord will threaten with lawsuits, ect ect, and we will call his bluff then sue for back rent and moving expenses... well see
If the I cards say 3 apartments and nyc.gov/housing says the same thing, then it's probably illegal.
Good luck with your situation. Please be careful as situations like this tend to be stressful. It may be better to move and pursue the law suit afterward. If you win it will be the first case in NYC history....I think
I'm looking forward to seeing how this turns out, I hope you keep us updated!
Your situation stinks and I hope it works out for you, but the only thing I want to know is why would you ever rent an apartment with no windows in the bedroom? Doesn't everyone know that's 100% illegal, just that one issue alone?
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