Holdover case/ illegal apartment

[marlnails]

What is the name of your state (only U.S. law)? New York
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.
I moved into this apartment back in sept 2013. So I am not living there long. I was served a 30 day notice after Xmas 12/27/2013.
My petition doesn't state any reasons 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 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.

 

[You Are Guilty]

http://www.nycourts.gov/courts/nyc/housing/resourcecenter.shtml#locations

Help Center Locations
Richmond County Housing Court (directions)
927 Castleton Avenue
Staten Island, NY 10310

Richmond (Staten Island):Wednesdays and Thursdays from 9:30 A.M. until 5:00 P.M.

 

[marlnails]

http://www.nycourts.gov/courts/nyc/housing/resourcecenter.shtml#locations

I'm already familiar with that site as I am trying to aquante myself with factual info. It feels like I am taking a crash course in being a lawyer, which is so unfair considering most ll have lawyers.

 

[davew128]

I'm already familiar with that site as I am trying to aquante myself with factual info. It feels like I am taking a crash course in being a lawyer, which is so unfair considering most ll have lawyers.

You'll find a lot of LL do NOT have lawyers.

 

[Zigner]

And the LL's that DO have lawyers PAY for them.

 

[FarmerJ]

I only want to know if your LL gave you proper notice to get out or not? and once you thought the unit may not have been legal when did you call inspections in to get the LL cited and your unit condemned or city saying you would have to move out? ( IF you had proper notice do you understand how bad it will look when you apply for other places and future landlords learn that this current landlord had to file to have the courts evict you because you didnt move out to get you out of this unit after getting notice to do so ? )

 

[You Are Guilty]

I'm already familiar with that site as I am trying to aquante myself with factual info. It feels like I am taking a crash course in being a lawyer, which is so unfair considering most ll have lawyers.

Well, you did say

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.

But since it takes the lawyers at least 3 years of school (and who knows how long after that) to learn what to do, you are absolutely going to be at a disadvantage. Do you have physical access to a public law library?

 

[marlnails]

I only want to know if your LL gave you proper notice to get out or not? and once you thought the unit may not have been legal when did you call inspections in to get the LL cited and your unit condemned or city saying you would have to move out? ( IF you had proper notice do you understand how bad it will look when you apply for other places and future landlords learn that this current landlord had to file to have the courts evict you because you didnt move out to get you out of this unit after getting notice to do so ? )

Please understand the following, I am going to be counter suing and answering the petition for them to initiate an inspection as well as calling 311. This petition was given on sat 2/22 while I was at work taped to my home. 30 day notice was issued in mid dec for a jan 31 move out date.
I understand your post however 30 day notice was issued after myself complaining about conditions/ repairs which makes it retaliatory in nature. I didn't/ couldn't afford to move out before time was given. I didn't know unit was illegal until I started digging for stuff as it is not reported to NYC buildings. It will be reported tmrw in court. A further inspection will confirm it.
Before moving there I had no clue it was as landlord changed the entire facade to hide a garage was once there. I at least thought he did a conversion to make it a legal 2 family etc and the basement law I didn't know until this week on scanning info on NYC sites. On housing and preservation dept. it states the following
Illegal Basement and Cellar Conversions
Basements and cellars are very different things and thus allow different legal uses. A basement is a story partly below curb level but with 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 been approved by the City’s Department of Buildings.
Cellars in one- and two-family homes can NEVER be lawfully rented or occupied for residential use. Basements in one- and two- family homes can NEVER be lawfully rented or occupied for residential use unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings. (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 the kitchen.) 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 building obtains a new certificate of occupancy.
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.

As I understand landlord can bring up that I didn't move out in time before 30 day notice he is responsible for renting out an known ilegal dwelling without proper permits and c of o tax filing status etc. none of what he has.

I am aware that I have to move, I don't want to leave empty handed is all I'm saying. The fact that I just moved in in sept 2013 practally bankrupted me. I am a single parent NOT on public assistance and I work 7 days a week to provide for my family living week to week without things like a cell phone, house phone nor cable or internet at this time cause the budget can't afford it. This landlord has been shady with me since the beginning. I don't have funds to readily move on very short notice.

 

[marlnails]

So who wants to know my outcome in court today?????

 

[CSO286]

So who wants to know my outcome in court today?????

If you want to share, feel free. No one's going to beg.

 

[OK-LL]

So who wants to know my outcome in court today?????

I, for one, would. We rarely hear the actual court result in the situations that come across this forum. What was the outcome?

 

[marlnails]

Court decision

Judge agreed that LL is not entitled to any rent nor use and occupancy while I am there.
LL lawyer knew and said in court, apartment is illegal to judge. Timeframe though isn't mine or lawyers of the landlord to decide, up to judge. Judges rule between 10 days to 6 months depending on case in holdover proceedings. Legal council for judge off record still recommended to report landlord to building dept. and IRS and NY state finance but wait till I'm closer to leaving. My 1st move out by date is march 31. Judge can give me up to 6 months.

Court procedure is for holdover cases for tenant to move within 6 months with judges consent with proof that I am having hardship in finding another apartment. Which translates I have to go back to court each month and file "an order to show cause" judge decides yes or no regardless of lawyers denial. While living in illegal apartment for the remainder of the time landlord doesn't get any rent nor use and occupancy money from me.

What I have been saying from the start is I get to personally sue the LL for any damages, hardship, loss of income while going to court, legal fees, moving fees in Civil Court. And LL lawyer wrote on stipulation that I didn't waive my right to any legal outcome or legal recourse to the landlord. In plain terms ll lawyer gave me the green light to sue his client. The only thing I did waive my right to is once the term decided by judge up to limit 6 months I have to move. Which I already knew. It's just a matter of ironing out the details!


I thank you all for your help in this matter. It's really unfair that most tenants don't have lawyers to navigate court, as well as to navigate the tons of info they must cram into there brains to fight against a lawyer. If I didn't have the C of O I wonder if the lawyer would of said it to the court. Certainly before today I certainly didn't hear anything about it nor was it in my

The max is 6 months the judge can give you. The pain in the A** part is for every extension I need, I have to go to court file an Order to show cause, and print out every apartment I have called. The lawyer for the LL already said he will basically be a dick and turn down any extension I ask for. I'm good if I keep getting the same legal rep for the judge to litigate cause he saw my side.

LL was better off doing his repairs and letting me be. This case wasn't about rent collection as I was paying my rent. Landlord wanted to bull**** me on stuff that people who weren't street smart nor educated he would of gotten over on. Landlord has history of letting drug/ alcoholics dependent tenants rent from him. I'm none of the above. Once I am done with him, his precious Caddi Escalade hybrid edition ridding ass is mine! And he will pay more in the end via civil suite and his current/future legal fees!

Now who wants to help in the civil side of it????? but again thanks

 

[Quicksand666]

tamara

so what happened in tbe civil case?? we have a similar situation going on, DYING TO KNOW. we re in queens county, so decision might be a little different, but case law willl prevail!!

 

[Just Blue]

so what happened in tbe civil case?? we have a similar situation going on, DYING TO KNOW. we re in queens county, so decision might be a little different, but case law willl prevail!!

As OP has not deigned to post to this thread in nearly 2 years I doubt s/he ever will. Please do not post to old, and long dead threads.