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Illegal Apt-Court-attacked by mediator?!!

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Bamboocradle

Guest
Being evicted from attic apt after 17 yrs. Not disputing move, just need xtra time due to disability (I have med docs). Went to court today (L had atty). We sat in front of mediator. Mediator seemed to put pressure on me that even though apt is illegal, I cannot stay without paying rent. I have cross complaint (security & L's son damaged my A/C) & I requested Judge. (Mediator put pressure on me disregarding my disability docs). L claims that she "just found out" apt wasn't legal (BS!). Mediator seemed to side with L who claimed ignorance. Although "inorance is not a crime, is it an excuse for not checking into when she bought house from her ex-husband?". Bldg Inspector made this comment! Yes she wants me out, & I am leaving. But why was I the bad guy?
Also, I had Bldg dept inspect & violation was sent to L. I received nothing about being told to leave by 12/5. L's atty said that I must get out by 12/5 cause of Bldg Dept summons. I called Bldg Dept. (There is NO immenent danger except for her putting bottles on stairs used for my Emergency exit, & no light leading down the stairs - I took pix with newspaper). Bldg dept has no info re: my having to leave by 12/5.
I will be calling a legal aide atty this week. Hopefully, I will know about new apt in Fla by end of next week.
I'm asking this as it may take me some time to get thru to Legal Aide. I feel at ease when I have some answers. In addition, her atty made what seemed nasty comment - "She'll be the last one laughing". Why is he considering this a laughing matter?

 


B

Bamboocradle

Guest
Forgot - This is Brooklyn, NY.
Forgot to mention: Mediator asked how much time I wanted/needed - 2-3-4 months? I asked for 4, then 3, then my cross complaint came up. Mediator said that I must pay rent while I'm there, or leave by 12/5. I may need the time, but why is she pressuring me to "pay for something illegal"?

Sorry this was so long, but hopefully this might be helpful for other people also.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Bamboocradle:
Forgot - This is Brooklyn, NY.
Forgot to mention: Mediator asked how much time I wanted/needed - 2-3-4 months? I asked for 4, then 3, then my cross complaint came up. Mediator said that I must pay rent while I'm there, or leave by 12/5. I may need the time, but why is she pressuring me to "pay for something illegal"?

Sorry this was so long, but hopefully this might be helpful for other people also.
<HR></BLOCKQUOTE>

You have grounds to move out and break your lease due to the unit being illegal. But if you are renting the property, despite it being illegal, you are still obligated to pay rent. You can not get a free ride. That is the bottom line.
 
B

Bamboocradle

Guest
Something doesn't sound right. I was told by several volunteer legal services, including 2 atty's that were willing to at least answer my question, NOT to pay rent.

Please understand, I am disabled, cannot afford an atty, & have been previously unsuccessful to get thru to legal aide. I will try again this week. In addition, I am not disputing the move. But it has been physically & mentally an extreme hardship for me (I have Psych. & Rheumy drs' documentation). All I need is a bit more time, at least to after New Years. I have been an upstanding tenant for 17 yrs. & am alone with no one to help me. I do not qualify for any organizational assistance as I'm only 55 yr (hve to be 60 + or w/chldrn).

I am not defending myself against you, but need to question as to why you are telling me that I have to pay, when I have been informed NOT to pay. In addition, the Bldg. Dept. told me NOT to pay.

Any further info, I believe will be helpful not only to me, but to others that have been caught in such situations.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Bamboocradle:
Something doesn't sound right. I was told by several volunteer legal services, including 2 atty's that were willing to at least answer my question, NOT to pay rent.

Please understand, I am disabled, cannot afford an atty, & have been previously unsuccessful to get thru to legal aide. I will try again this week. In addition, I am not disputing the move. But it has been physically & mentally an extreme hardship for me (I have Psych. & Rheumy drs' documentation). All I need is a bit more time, at least to after New Years. I have been an upstanding tenant for 17 yrs. & am alone with no one to help me. I do not qualify for any organizational assistance as I'm only 55 yr (hve to be 60 + or w/chldrn).

I am not defending myself against you, but need to question as to why you are telling me that I have to pay, when I have been informed NOT to pay. In addition, the Bldg. Dept. told me NOT to pay.

Any further info, I believe will be helpful not only to me, but to others that have been caught in such situations.
<HR></BLOCKQUOTE>

HomeGuru response: yes I agree. Something does not sound right.
I fully understand your disability situation and do not want to downplay your plight.
I simply want you to be realistic and make sure that you do not have a false sense of security. Your disability, out and upstanding tenant qualities for all those 17 years and are all alone with no one to help you has absolutely no bearing whatsoever to the fact that you should pay rent or get free rent.

My reasoning for saying that rent is due is based on the following:
1) common L/T law whereby you live in the property as a tenant, you pay rent as a tenant. You do not get free rent. You live there, you owe rent. If you do not want to pay rent, you move out and owe no rent.

2) I am going along with the mediator whom I agree with. I am not siding with the landlord. I am stating what is right and what is fair given my limited knowledge of the facts you posted.

3) the building dept. has stated that the premises are not unsafe and uninhabitable. In fact they have basically allowed and approved the illegal rental space.

I do not know the exact applicable L/T laws in your State, and therefore have no knowledge of the specific provisions of the law in which the 2 attorneys based their opinion to you to Not pay rent. That is if there is such a provision in the law and if they indeed did base their opinion with respect to the law. You should ask these 2 attorneys to point out to you, the specifc section by reference to L/T State Statute that supports their statement that rent need not be paid. Unless there are compelling reasons why rent should not be paid pursuant to the L/T laws, my position remains unchanged. If there are indeed valid reasons for not paying your rent, you have not stated any in your original and later posts. In addition, you have stated that you do not disagree with the move, so my presumption is that you have not paid your rent and that is why L wants you to move out and why you agree to move. The issue of the broken ac and such are minor claims that are insignificant to the big picture.
Furthermore, the building dept. should not be advising you with respect to L/T laws because they are not lawyers, they have no jurisdiction in the matters (they are City/County workers and not State workers) and have no business in L/T rent matters. L/T laws are State laws and the Building Dept does not enforce State laws.

If there are additional issues please advise.
 
B

Bamboocradle

Guest
Oye Vey????!!

I'm not paying rent as told cause it's an illegal apt. Also, I have a doc from the court saying that if apt is illegal, LL cannot sue in Housing Court. Must go to Supreme Court.

I will check further re: the rent.
Thank you for getting this involved & explaining as you did, & not attacking me. It's been done to me & I'm about to give up on all! This is not a joke. I can't take much more. I finally found someone to help me pack.

I will try & fill you in as to what happens. This is all so confusing!

Thanks again.
 
S

shortyevans

Guest
IF you are still on a lease, you are obligated to pay rent. BUT: check your local L/T laws, because you may be able to put your rent into escrow pending court dates.
If L is trying to say your supposed to be out by 12/5 its probably because he's going to be fined for having an illegal apt. He's gotta get you out to avoid the fines. Your option, is to force him to go through a legal eviction, or request that he give you (pursuant to local LT laws) compensation for moving (usually 2 months rent for all or up to 3 mo for low income/elderly) maybe L will agree theres no just cause for eviction, and pay you to move out before your lease is up. Just because someone gives you a letter saying you have to move, does not always mean it's legal. Check your lease for any small provisions that relate to terminating the agreement (L's side) and anything you might be "awarded" meanwhile, talk to the building dept again, and attempt to get paperwork from them regarding the illegal apt. (the more proof you have in court the better) Then, If I were you, I'd attempt to come up with evidence saying L knew apt was illegial (re letters in past from building dept (they'll have copies if they sent them) and use this to sue L for knowingly renting illegial apt.
GOOD LUCK
 
B

Bamboocradle

Guest
Thanks ....
1- Month to month for 17 yrs - Never any lease

2- 12/5 - Yes, that's what I think, or that
LL is supposed to have the violation corrected by then. LL's atty said I have to be out - but, still no notice from Bldg dept &/or what they had on record as far as getting me out. I called them!

3- I have "damaging" pix of stairs that lead out (emergency exit at end of my apt, going down to back of house & out of LL kitchen to outside). Soda bottles on stairs & no lite for me to click on at the stairs. I took pix w/newspaper. &lt;&lt;Good thing there never was a fire. A hse did go up several yrs ago due to a wire problem. Owners lived there "many" years! So it can happen to anyone&gt;&gt;. LL endangered my life all these yrs & I never realized it. Saw bottles before, but never "connected" in my head. I also was employed all these yrs up until abt 1 1/2 yrs ago. So I never went down the back way, etc. or paid attention. You know the "work" routine!

4- As per doc from court,"If apt is illegal, LL will not be able to sue you in Housing Court, either to evict or to collect rent. LL has to go to Supreme Court".

Mediator never brought up to atty that this case will be thrown out as apt is illegal. But when I 1st answered summons, woman at court (I don't know her title), told me Judge will throw out. I think atty & mediator tried to trap me w/a "bit" of legality of mediating. And I don't think atty realizes I know that!
 

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