having problem with other tenant

[JustJackie]

I am renting a basement apartment in a private 3 apartment residential home with an absentee landlord in New York. I don't know if it is a legal apartment but I did sign a lease which is up in October. I am starting to have problems with upstairs tenant and feel uncomfortable living there now and I'm sure she feels the same. If the apartment is not legal, is the lease binding? How can I find out if the apartment is legal? I need any help I can find....thanks in advance.

 

[djdj]

where in NY? If you have 3 electric meters, chances are its a legal 3 family house. If not then it would be illegal, and you would have a right to withold the rent untill it is made legal.

So do you pay for your electricity?

 

[JustJackie]

Thank you for your swift reply !!!! The apartment in on Long Island, Nassau County. I do pay electricity and water, but the landlord shows me only one bill for the entire house then divides it three ways. He wont even let me have my own mailbox because he doesn't want it to be "in the neighbors face" is how he so eloq put it. So, one mailbox for three apartments. It's just annoying now. I really appreciate this.

 

[djdj]

First we have to determine if it is a legal apartment....

You could also assume the landlord is too cheap to have 3 meters put in since he would have to pay for it...it could be a legal 3 family.

But if it is an illegal 3, the landlord would have to evcit you in Supreme court NOT housing court...Dont let him tell you different....and that could take months and is not cheap for him...

So you are probably getting ripped off for the electricty, since you have a smaller apartment, and yes you can report him to the zoning board, and he will get fined and either evict or make it legal,

But for you to withold the rent, you have to get the certificate of Occupancy, from the buildings dept,and see how the house is zoned, if it is zoned 2 family and you are in the basement then it is illegal, and you can withold the rent, BUT you cannot get back rent.....

Unless a judge says so, and with a signed lease that proves the Landlord Knew all along it was Illegal.

As opposed to month to month, paying the landlord in CASH or money oders, and refusing to give you a lease....no records etc...then that should have alerted your red flags to it being illegal.

But with a lease, the landlord is really screwed because a lease entitles you to rent a LEGAL apartment!