What are my rights regarding an eviction if I rented an apartment that turned out to be illegal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding an eviction if I rented an apartment that turned out to be illegal?
I fell behind on rent so my landlord took me to court. I had 3 weeks to pay or move. I needed more time and got an order to show cause. I was going to get rent help from DSS but it turns out the apartment is illegal. I got another order to show cause and agreed to move in 30 days (=since my boyfriend was starting new job (and I thought that I could afford to move out by then). The job turned out to be part-time and I still can’t afford to move. The case was turned into a holdover case. Can I get another order to show cause since it’s not my fault the apartment is illegal and I couldn’t get rent help in the first place?
Asked on March 29, 2011 under Real Estate Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In New York, landlords cannot rent apartments that are illegal. They cannot rent apartments that don't meet the warranty of habitability; so an illegal apartment no matter how pretty it is may not be allowed if it violates zoning and other laws or doesn't include certain necessities like hot running water and electricity. So, in your situation, your landlord cannot continue to maintain such actions against you. You must move out but he must pay your expenses to move you; so you really get the best of both worlds. You don't have to come up with the money to move; he must pay it and once you move to a legal apartment, I am certain you can reapply for help from DSS and it would be granted.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.