Holdover proceeding for illegal apartment in Staten Island (apartments, tenant, eviction)

[Marlnails]

I am being petitioned by my landlord for a holdover case. Papers were taped on my door this past saterday 02/22/2014 court is on Thursday 2/27/2014. There seems not to be any pro-bono help or legal services on Staten Island and at the court room there is no legal representation or volunteer lawyers for help on Staten Island and I am in great need of legal help.
My petition doesn't state any reasons nor any unpaid rent owed but from what I found out from dept of buildings for my apartment which is in a private 3 fl house is listed a a single family house and is rented out to myself and another tenent on the upper floor above me. I myself is renting a basement &first fl level and according to the C of O it lists it as a garage/storage unit for 1st fl and basement is more then 75% underground with a small 14 in broken hopper window. Which under definition in NYC it's a illegal apartment which I didn't know prior renting which from exterior you wouldn't know. And another tenant rents the second fl & third fl. Finance records show house is single family status for taxes. My living quarters just suffered a flood on 02/22/2014 ( also the day I was served the petition which was taped to my front screen door) from malfunctioned sub pump which has a history of flooding since 2006 and including hurricane sandy. No heat on basement level but heat works on 1st fl. Have been keeping warm via portable heater. I have more to the case and looking for any help I can get. I want to see if I can be compensated in any way for renting this apartment, flooding . From what I learned I can counter sue for renting a unknown illegal apartment and to be compensated for moving costs etc. I need clarification on illegal apartments any info pertaining to it and once filed time frame to move out by cause I am not in a position to move and don't have the funds to do so. It took nearly 6 months to find this apartment and I fear to being homeless if being forced to move in a less then 10 day time frame if illegal apartment status is given per housing court.

[STT Resident]

Have you tried this one:

Staten Island Neighborhood Office
60 Bay Street
Staten Island, NY 10301
Telephone

(718) 273-6677
Area Served
All of Staten Island.

Services Offered
General Civil Practice
In addition to providing general legal services in the areas of housing, benefits and family law, the office also participates in the outreach site-based Single Stop Robin Hood Foundation Initiative (see list at the end) to which clients seeking help may be referred for case intake
Intake Procedure

Call for appointment Mondays 9:00 a.m. - 12:00 p.m.
Emergencies seen at all times.
Outreach Site

Project Hospitality at 501 Bay Street
Transportation/Directions

Subway: Staten Island Rapid Transit to Ferry Terminal, St. George
Buses: Any bus to Ferry Terminal, St. George
Cross Streets: Near Ferry Terminal

[oregonwoodsmoke]

Your landlord has asked you to leave. Pack up and go. You are leaving at some point soon, anyway, so why wait until you have a court eviction on your record before you go?

[Marlnails]

Originally Posted by STT Resident

Have you tried this one:

Staten Island Neighborhood Office
60 Bay Street
Staten Island, NY 10301
Telephone

(718) 273-6677
Area Served
All of Staten Island.

Services Offered
General Civil Practice
In addition to providing general legal services in the areas of housing, benefits and family law, the office also participates in the outreach site-based Single Stop Robin Hood Foundation Initiative (see list at the end) to which clients seeking help may be referred for case intake
Intake Procedure

Call for appointment Mondays 9:00 a.m. - 12:00 p.m.
Emergencies seen at all times.
Outreach Site

Project Hospitality at 501 Bay Street
Transportation/Directions

Subway: Staten Island Rapid Transit to Ferry Terminal, St. George
Buses: Any bus to Ferry Terminal, St. George
Cross Streets: Near Ferry Terminal

I tried them but so far they are overwhelmed with cases and I'm told most cases that apply they can't handle because of shortage of lawyers available.

[Marlnails]

Originally Posted by oregonwoodsmoke

Your landlord has asked you to leave. Pack up and go. You are leaving at some point soon, anyway, so why wait until you have a court eviction on your record before you go?

I was given papers to move regardless that I paid rent, in dec 27 given 30 days move by jan 30 and paper given has faults that get dismissed in court. Petition was given sat feb 22 to appear in court Thursday feb 27. Same day petition was given my basement part of apartment which holds 2 bedrooms and storage of boxes that I didn't unpack, one side got wet.
It would of been logical but points of case is:
1- it's a retaliatory eviction based on that there's many repairs he failed to make and apartment is illegal which in NYC is a big NoNo!
2- I am a single mother of two teens and I don't make much I live check to check and being that I just moved in sept from a 3 bedroom to a 1 converted to 2 bedroom apartment, I don't have people to help move via uhaul like when I moved last and that move took over 10 trips via a 20 ft uhaul! People who helped last is still in pain and one that is crucial just had surgery.
3- where am I going where I don't have the funds to find an apartment nor pay for moving etc? It took 6 months to just find this one. Rent doubled since hurricane sandy in the 5 boroughs.
4- being that from outside he changed the entire facade to convert the garage to a apartment, he did so without any permits issued according ny buildings dept. none were ever issued. Because of that I have the right to counter sue for rent paid and security as well as moving expenses etc.

[CarlitosBala]

Let me give you a bit of advice, on how seek advice.

Originally Posted by Marlnails

storage of boxes that I didn't unpack, one side got wet.

Stuff got wet? Nobody's problem but your own. This is what renters insurance is for. I hope you have a policy.

Originally Posted by Marlnails

1- it's a retaliatory eviction based on that there's many repairs he failed to make and apartment is illegal which in NYC is a big NoNo!

This is your main point. If the landlord is doing a retaliatory eviction, then that's a big issue and you should focus on this.

Originally Posted by Marlnails

2- I am a single mother of two teens and I don't make much I live check to check and being that I just moved in sept from a 3 bedroom to a 1 converted to 2 bedroom apartment, I don't have people to help move via uhaul like when I moved last and that move took over 10 trips via a 20 ft uhaul! People who helped last is still in pain and one that is crucial just had surgery.

Please, please stop with the sob story. Nobody cares. Honestly. Everybody has their own problems, yours are not special, they are just your problems. If you mix your main, legit arguments with this emotional garbage, it only hurts you in the end, as it cheapens your entire situation into a "feel sorry for me" and "entitlement" issue rather than a legal one.

Originally Posted by Marlnails

3- where am I going where I don't have the funds to find an apartment nor pay for moving etc? It took 6 months to just find this one. Rent doubled since hurricane sandy in the 5 boroughs.

Just stop. See my point above.

Originally Posted by Marlnails

4- being that from outside he changed the entire facade to convert the garage to a apartment, he did so without any permits issued according ny buildings dept. none were ever issued. Because of that I have the right to counter sue for rent paid and security as well as moving expenses etc.

This will be up to a judge to decide, and the law could very well be on your side. You need to focus on this, and your main point, talk to a lawyer who is familiar with your local laws and see what they say.

Bottom line, don't cheapen your legit claims by adding emotional arguments in the mix, most people won't feel sorry with you, they'll feel sorry for you. And not in the way you are hoping they will.

Just my $0.02, take it for what its worth.

[STT Resident]

You also can't count on getting back rent which you have paid even if it's an illegal apartment. If the place is inspected and deemed to be an illegal dwelling then the LL is no longer allowed to collect rent but it's very unusual for a judge to rule that rent paid up until then is returned.

When you called the Staten Island Neighborhood Office did you ask them for a referral to another agency or an inexpensive attorney who may be of assistance?

[Marlnails]

Stuff got wet? Nobody's problem but your own. This is what renters insurance is for. I hope you have a policy. Isn't his responsibility in being a ll include making sure sub pump is working to save his investment property from damage? He has never fixed it only bandaid approach was taken.
Didn't have time to do so from sept to dec I have only been there 3 months before 30 day notice was issued. I have been dealing with him harassing me and non family members since I moved. Which will be brought up in court cause he tried to scare me with non violent but questionable tactics that police said possibly were questionable but without proof it's here say . Mistake he made was leaving a detailed harassing message on my ex husbands phone who is related to the upstairs tenant who is my sister in law.
Diluting the facts with sob story isn't being brought up to court except my income.

[Marlnails]

Originally Posted by STT Resident

You also can't count on getting back rent which you have paid even if it's an illegal apartment. If the place is inspected and deemed to be an illegal dwelling then the LL is no longer allowed to collect rent but it's very unusual for a judge to rule that rent paid up until then is returned.

When you called the Staten Island Neighborhood Office did you ask them for a referral to another agency or an inexpensive attorney who may be of assistance?

Person who answered seemed to be uninformed, kept putting me on hold so my belief person who answered wasn't knowledgable to refer. They gave me only one attny who I only got answering service. Gonna try tmrw cause office is only open till 12 eastern time.

[Marlnails]

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.