John S. Lansden is the Supervising Judge of the New York City Civil Court, Housing Part, Queens County. Landlords cannot participate in “rent gouging,” by increasing rent in order to capitalize on the crisis. It is illegal for … Tenants living in illegally converted basement apartments often come to Chhaya's Jackson Heights storefront to ask for help with problems like no heat, mold or a sudden rent hike. The 2019 New York rent laws changed the housing landscape for roughly 5.4 million people. "If you voluntarily pay rent in an illegal apartment, you cannot get it back. For more information about security deposits in New York, check out New York … One month if outside New York City (N.Y. RPL §§ 232-b). This right applies to tenants who live … Illegal Conversions An illegal conversion is an alteration or modification of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings. The "illegal" apartment should not show up on the building's Certificate of Occupancy. No. For example, it's illegal to discriminate against or refuse to rent to someone based on protected characteristics such as race, military status, and sexual orientation. That biggest landlord (New York City - NYCHA) constantly violates their own law! New York Termination and Eviction Rules Answer: The best course of action will depend on in what way your apartment is illegal, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. However, you might have grounds to sue your landlord, if you can prove that they misrepresented the apartment as legit when they knew, in fact, it was not. Check for adequate means of egress (way out) and look out for locked doors in the unit. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. City Orders Tenants Of Illegal Brooklyn Apartment to Vacate - But with Nowhere to Go During Pandemic By Michael Herzenberg Brooklyn PUBLISHED 6:49 AM ET Jul. The June law made it much easier for tenants to challenge an illegal overcharge or deregulation, tenant lawyers say. A landlord without a certificate of occupancy for a dwelling runs the risk that the tenant being evicted will retain an attorney to try to recover all or part of the rent paid for the "illegal" apartment, in particular, when the tenant had no reason to have knowledge that the rented apartment was illegal before being sued. In the 2019 NYC heat season alone, there have been over 3,000 heat-related complaints filed by tenants with the Department of Housing Preservation and Development. New York State Attorney General Tenants' Rights Guide Legal assistance New York City Commission on Human Rights complaints - (212) 306-7450 (local law protects from discrimination based on source of income, including HCV/Section 8) All tenants* are protected from this kind of retaliation by law. Therefore, by law, renting your apartment for less than 30 days is not considered a sublet in New York City, and it’s illegal. … Damon P. Howard is a partner at Ephron-Justice Lebovits and Mr. Howard have co-authored Mandel & Howard in New York City. In a subsequent trial, prosecutors argued that the un-permitted walls tenants put up at 236 East 178th St. to add bedrooms made a confusing labyrinth for firefighters responding to the conflagration. In New York State, tenants’ rights are protected by a variety of federal, state and local laws. Failure to provide heat or hot water on a ... Law § 5-701). 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