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Old 12-11-2019, 09:20 AM
 
3 posts, read 1,975 times
Reputation: 15

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Long time lurker here with finally a reason to write.
Several months ago my partner and I rented an apartment in a two family home. The other unit is rented out as well. We have had many issues since moving in and the landlord is very slow to fix things. He has been incredibly rude and displays behaviors that could be considered borderline harassment over the tiniest thing. It’s become quite an issue so we contacted our lawyer.

We recently found out via our lawyer that the home is actually SRO restricted still. It’s listed on several NYC websites this way. And it’s legally recognized as a one family home. It seems the landlord converted it to a two family illegally. We have approached him about this and he is denying it over and over (with nothing to back it up). Our lawyer told us to stop paying rent and now our landlord is threatening eviction over it. We are looking for a new home but any thoughts on how to handle this? I trust my lawyer but just want a second opinion for peace of mind.

Thank you
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Old 12-11-2019, 10:18 AM
 
15,775 posts, read 14,374,588 times
Reputation: 11820
As some point the LL will probably try to file for eviction. He'll get a lawyer, who'll tell him all the problems he's going to have. At that point you're lawyer and his lawyer will either work out a settlement, or it will go to court. You'd probably do well in court if the situation you laid out is accurate.

The question is what do you want to get out of any negotiation?
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Old 12-11-2019, 10:27 AM
 
Location: Manhattan
25,347 posts, read 36,884,396 times
Reputation: 12749
RJW,


How many months have you not paid rent?


I agree that you might want to settle on a reduced rent and stay.
You will do well in court...minus your legal fees.
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Old 12-11-2019, 02:44 PM
 
766 posts, read 504,266 times
Reputation: 710
Landlord is screwed renting an illegal unit however he can still take you to court. That will pop up when you rent elsewhere, which can negatively effect your options. Judge will also tell you, you have to leave the property in a reasonable time.
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Old 12-11-2019, 04:27 PM
 
Location: Island off the US mainland
174 posts, read 105,368 times
Reputation: 146
I believe that if you are correct about the house being an illegal two, the landlord will be barred from a summary eviction/non-payment proceeding in the Civil Court and may well have to file a plenary action for ejectment in Supreme Court. Those things tend to take time. In the meantime, continue the search for new digs.
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Old 12-11-2019, 08:23 PM
 
Location: Brooklyn New York
18,372 posts, read 31,475,415 times
Reputation: 27803
just move, do you really want to go back and forth to courts for a year or two?, bcause you will.
will you be able to take that time off from work, and

wouldnt you have better things in life to do.
Its a rental, not a life long commitment, just move.
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Old 12-12-2019, 09:56 AM
 
Location: Manhattan
25,347 posts, read 36,884,396 times
Reputation: 12749
The landlord is a crooked THIEF. Telling the tenant to "just move" is blaming the victim.


I would recommend to the tenant: "Stay on Rent Free as long as you can...years, maybe. Stick it to the bastard."
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Old 12-12-2019, 11:19 AM
 
Location: Brooklyn New York
18,372 posts, read 31,475,415 times
Reputation: 27803
^ I dont agree with that.
it would take so much time and energy to go thru that, and for what?
what is the tenant supposed to accomplish by doing this legal stuff.
if the LL fixed things faster and was nice, the tenant would have never spoken to a lawyer and found out what it was and now is...


please, im not buying it,.


your statement , "stay rent free for as long as you can"....seems like someone planted an idea in this tenants head, and here we are, another tenant mooching off the LL.
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Old 12-12-2019, 01:11 PM
 
33,483 posts, read 46,872,339 times
Reputation: 14054
Quote:
Originally Posted by Rjwalker876 View Post
Long time lurker here with finally a reason to write.
Several months ago my partner and I rented an apartment in a two family home. The other unit is rented out as well. We have had many issues since moving in and the landlord is very slow to fix things. He has been incredibly rude and displays behaviors that could be considered borderline harassment over the tiniest thing. It’s become quite an issue so we contacted our lawyer.

We recently found out via our lawyer that the home is actually SRO restricted still. It’s listed on several NYC websites this way. And it’s legally recognized as a one family home. It seems the landlord converted it to a two family illegally. We have approached him about this and he is denying it over and over (with nothing to back it up). Our lawyer told us to stop paying rent and now our landlord is threatening eviction over it. We are looking for a new home but any thoughts on how to handle this? I trust my lawyer but just want a second opinion for peace of mind.

Thank you
If the apartment is illegal, you have no legal right to live there and the LL has no right to rent it out

What I do know what will happen is that eventually there will be an ejectment case in court, the apartment will get padlocked, and you will get evicted because you legally cannot stay there, so start looking for a place to live.
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Old 12-20-2019, 04:45 PM
 
3 posts, read 1,975 times
Reputation: 15
Following up on this. Last night our landlord cut our power and heat. When pressed about when it would be turned back on, he said to contact their lawyer. We called ConEd who showed up and flipped a breaker which turned the power back on. The breaker was in the basement which is accessible from our apartment (direct steps within the unit). Our landlord is now threatening criminal lawsuit because he is saying we broke a law by entering a “private space.” It was 20 degrees out last night and there are children involved. My lawyer says landlord is insane and to ignore him. Thoughts?
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