illegal basement

[cynguzman56]

i live in an illegal basement for 13 years i owe 9 months rent if we go to court what are some ups and downs?

 

[army judge]

If you go to court, your back rent will be voided.

In your state (especially NYC), illegal rental unit are deed uninhabitable. Therefore, you can't legally inhabit those units, nor can you charge people rent.

A judge will wipe the debt you are alleged to owe away.

You'll be ordered to vacate the premises.

Defendants in these cases sometimes receive monetary awards for paying rent in the past.

If that doesn't happen, you still won't have to pay the back rent.

Now, in NY, it can take 8-12 weeks for these cases to make it to court. You don't have to leave until a judge orders you to leave. So, wait patiently for the court date, and the rent arrearage will be cleansed.

Don't say anything about this to the landlord.

Do not destroy your case.

Wait.

 

[cynguzman56]

thank you very much so i dont need a lawyer?

 

[cynguzman56]

can my landlord be ordered to pay for my moving expences?

 

[army judge]

can my landlord be ordered to pay for my moving expences?

What are the rules about living in basements and cellars?
Basements and cellars are very different. A basement is a story partly below curb level but having at least one-half of its height above the curb level. A cellar is an enclosed space having more than one-half of its height below curb level.

Basements and cellars of multiple dwellings may not be occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the New York City Department of Buildings.

Cellars in private dwellings can NEVER be lawfully rented or occupied. (A secondary kitchen for accessory cooking may be located in the cellar so long as approval from the Department of Buildings is obtained prior to the installation of such kitchen.) Basements in private dwellings can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings. (Since the rental of a basement in a two-family dwelling would result in a conversion from a private dwelling to a multiple dwelling, basements of two-family dwellings may not be rented unless the entire building is in compliance with the New York State Multiple Dwelling Law.)

Owners with illegally converted basements and cellars may face civil and criminal penalties. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation and inadequate egress in the event of a fire. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment.

For more information and/or complaints concerning illegal basement or cellar apartments call the City's Citizen Service Center at 311. Complaints will be directed to the New York City Department of Buildings.

http://www.nyc.gov/html/hpd/html/tenants/faqs-for-tenants.shtml#cellar

No, you will probably be hauled into landlord-tenant court.

You can be your own lawyer.

You probably won't get moving expenses, but for the next 6-8 weeks (maybe longer), while you wait for your court date, you won't have to pay rent.

So, save that money and use it for your moving expenses.

You also won't have to pay the back rent.




Here is how this works in NYC.

Read and it and learn:



http://www.google.com/url?sa=t&sour...sbuZ9nPGw&sig2=iRqfNd4HcgjTmOY1Gk69AQ&cad=rja

http://www.queensbp.org/content_web/housing/illegal_apts.shtml



Then Google your town and county in NY (if it ain't NYC), and discover how this works in your city!!!