LANDLORD/TENANT ANSWER IN PERSON ... - Judiciary of …

1 LANDLORD/TENANTANSWER IN PERSONFACT SHEET (CIV-LT-91) #12: ILLEGAL APARTMENTD efense # 12 says: The apartment is an illegal apartment. When an apartment is illegal, the space should not be used to live in, alandlord or owner can t collect rent. So, when you are being sued for failingto pay rent, it is a defense to the nonpayment case if you live in an your apartment is like this, it may be an illegal Apartments: not all basement apartments are , the most common of all illegal apartments are in thebasement of a apartment has no inside plumbing, bathroom or cookingplaces or the bathroom or kitchen facilities are separated, like ifthe toilet and the shower/bath are in different that don t have windows (full size) and/or secondexits may be are no separate electrical or gas meters for yourapartment, like, if your apartment is on the same meter as thelobby of the find out if your apartment is illegal you can go to the Department ofBuildings.

2 They have an office in each borough of new york City. Allbuildings have to have a Certificate of Occupancy if they were built afterApril 18, 1929, or had major changes after that date. The buildings thatwere built before April 18, 1929, will not have a Certificate of Occupancy. 2 The Certificate of Occupancy shows the way the building can be used, like,how many apartments they can have on each floor of the building. your apartment is in the basement and the Certificate ofOccupancy says that no apartments are supposed to be in thebasement, the apartment may be illegal and the landlord can tcollect rent, Certificate of Occupancy says that on your floor only fourapartments are permitted but you know that there are fiveapartments. At that point, there is a possibility that yourapartment is illegal but, you will have to prove that yourapartment is the illegal apartment, to be able to use the violation of the Certificate of Occupancy must be for the apartmentyou live in.

3 The fact that the building is being used in a way not permittedby the Certificate of Occupancy may not be a defense in your case if theviolation has nothing to do with your apartment. In other words, yourapartment must be the illegal one. For example, if the landlord or ownerchanged the nature of the second floor so that it violates the Certificate ofOccupancy but your apartment is on the fifth floor, then the violation has noeffect on your apartment, and there is no can also find out information about your apartment by going to theDepartment of housing Preservation and Development ( DHPD ). They havean office in each borough of new york City. If a building has three or moreapartments, it must be registered with DHPD every year. If the landlord orowner has not registered the apartment, then rent can t be collected.

4 Thiswill not tell you if your apartment is illegal, but it may give you an idea thatit is illegal if you know there are at least three apartments in your buildingand there has never been a multiple dwelling registration filed for thebuilding you live in. For building you live in is a two-family house and one of theapartments has been divided. In this case, because there arethree apartments, the landlord would have to register thebuilding with DHPD. If the landlord did not, that would be adefense to a nonpayment proceeding, orCIV-RC-90 (December 2006) you live in the basement of a building or house where thereare only two other apartments. Again, since the total number ofresidences is the issue, the fact that there are three would be adefense if there is no multiple dwelling registration filed are some reasons that may allow the landlord to collect renteven if the apartment is technically illegal:1.

5 Even if your landlord or owner did not comply with the Certificateof Occupancy or have the legal multiple dwelling registration,these are defenses that can be cured, or fixed, by the landlordor owner. If they are cured, then the defense no longer applies. For example, if the apartment is illegal but can be made legaland the landlord or owner does this and gets a proper Certificateof Occupancy, rent can be If the tenant knew that the apartment was illegal, then inQueens and Kings Counties, the landlord or owner may be ableto collect the tenant caused the violation that made the apartmentillegal, then the landlord or owner may be allowed to collect the tenant stopped the landlord or owner from correcting theviolation that would have made the apartment new york County, there must be a connection between theviolation and the health and safety of the you go to court, tell the Judge or Court Attorney why youbelieve your apartment is illegal.

6 Bring any proof you got from theDepartment of Buildings or DHPD and any photographs or witnesses that cantalk about the conditions in the building. If the judge says that you haveproven this defense, the petition will be dismissed against you.