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triv27 · Oct 8, 2007, 09:36 AM

Hi all. I have a few questions about by Manhattan, NY basement apartment that I'm hoping someone will be able to answer for me. I'm not sure if the apartment is legal, and if so, what rights I have. I'll list out the details below in order to single out any read flags.

- My apartment is in the basement of my building. There are no windows; in fact, there is no ventilation at all. Heat is not needed, even in the winter, because I'm near the boiler room which keeps my apartment warm. Due to this, there are two air conditioners which are in the wall (they connect to an adjacent room, not outside) to cool things down.

- There are a few hot water pipes which run through the apartment.

- I just renewed my lease for another year. The rent was increased from 1200 to 1350 - the increase seemed irregularly large, but I had no choice to renew the lease because I couldn't afford to move.

Thanks for your help!

excon · Oct 9, 2007, 05:50 AM

Hello triv:

Sooooo, what's your question?? If you find out the apartment is illegal, you'll have to move, and you don't seem to want to do that.

Soooo, if you find out your apartment is illegal, what do you think that will do for you?? Do you think it will give you some power over your landlord? It will, of course. You can snitch on him, and then you'll have to move.

Sooooo, what do you want to do??

excon

Fr_Chuck · Oct 9, 2007, 05:56 AM

Wish I had my rental property there, I have a 3 bedroom brick I have trouble getting 600 a month for.

But so you basically live in a dump, no laws says it has to be nice. Is this a apartment building or a private home? If a private home they have to be zoned for a apartment. YOu can have a building inspector come in, but if you have lived there already, already renewed a lease I guess you like it there??

ScottGem · Oct 9, 2007, 07:19 AM

If this is an apartment building, then the apartment is most likely legal as long as it provides, heat, water etc. Its probably just a matter of the landlord renting whatever space he can.

If its an one family house then it might not be legal, but as excon and Chuck pointed out, what would that matter to you?

triv27 · Oct 9, 2007, 07:29 AM

My main problem is that getting an apartment in Manhattan is expensive, and requires a broker who normally charges 10% of the annual rent (on top of the deposit, etc). I don't have $5000 to shell out just to move.

If the apartment were illegal I could stay for a few months and not pay rent, saving enough money to move. When the landlord would ask me for rent, I would say that I know the apartment was illegal, and that I would move in a few months and be out of his hair. If not, I would report him and he wouldn't be able to rent the apartment any longer. If I have to report him, I still get to leave and break the lease that I regrettably signed because I couldn't afford to move.

ScottGem · Oct 9, 2007, 07:31 AM

Sorry but blackmail is illegal. So is stealing which is what you are proposing. You are looking to steal the use of the apartment.

triv27 · Oct 9, 2007, 07:46 AM

If the apartment were illegal, would it really be stealing? If that were the case, the management company would never be able to rent the apartment, which means it has no value.

Also, I'm talking about a hypothetical situation. I wouldn't feel bad blackmailing the landlord if he has lied and compromised my health and safety to make a buck.

However, I realize that the law is unfortunately black and white, so I understand your concern. But the truth is that in this city, you have to look out for yourself, or someone is going to take advantage. My ethics are always to follow the rules of the game I'm currently playing.

excon · Oct 9, 2007, 07:52 AM

Hello again, triv:

In addition to the criminal stuff you'd be doing, as Scott said, it won't work anyway.

If you don't pay rent, he can evict you. The courts MAY NOT let him collect the past due rent, or they might. They WILL support him, however, to the extent that he'll win the eviction and a sheriff will put you out.

Plus, you'll have a judgment for eviction on your credit report, and future landlords won't take too kindly to that.

OR, maybe he'll just lay down for you... But, I've been in NY. New Yorkers don't lie down for ANYBODY.

excon

ScottGem · Oct 9, 2007, 09:14 AM

You are physically occupying a space. To remain in that space without paying for it is theft of services. Whether the ability to sell those services is legal or not, you signed an agreement. Two wrongs don't make a right and what you are proposing is unethical at best. Again, if this is an apt building, I doubt if its an illegal apt.

Where has the landlord compromised your health and safety? I don't see it at all.

LILL · Oct 9, 2007, 09:26 AM

Don't know about the local laws in your area, but here in my town on Long Island... if an illegal apartment is reported to the building inspector... they give the tenant exactly 3 days to vacate... with the assistance of the sheriff. So before you go off on blackmailing your landlord... remember he can turn himself in as well just to get your bootie out.