Legal Question in Landlord & Tenant Law in New York

Hello, I rent an illegal second floor apartment in a private home located in Wantagh, NY (Nassau County). The landlords tried to increase my rent with only one week's notice. I have lived here for 3 yrs. Before I even moved in, I noticed there were two cracked windows in the living room. The LL's stated they would have them fixed, but never did. Upon receiving their letter (left on the staircase for me) notifying me of the rent increase to commence in one week, I wrote back stating that no repairs - no increase. Today they slipped a letter under my door stating that the increase would take effect as of next month and they are looking into getting estimates to have the windows repaired. They also do not provide heat as required, during the months required.

My questions are as follow:

1. Do I have to pay the increase?

2. I do not want ANYONE in my apt. without my being present. Can they come in when I am not there to have the windows repaired?

3. How can I get them to provide heat as required and during the months required?

4. If they decide to terminate my tenancy, will this affect my credit in any way? (I have NEVER been late with rent and for the most part, have usually paid at the very least, one week in advance.)

5. According to the property descripton on the land record it is listed as "a two family year-round residence. A two family dwelling constructed to accomodate year-round occupancy. Includes duplex, single owner." The number of living units is listed as 2. Does this mean the apt. is legal after all???


Asked on 10/01/10, 7:00 pm

1 Answer from Attorneys
Glenn Reichelscheimer The Law Offices of Glenn A. Reichelscheimer

The answer to your questions are as follows (and based upon the limited information available to me):

1. If the premises is legal and there is no written lease, yes you must pay the increase.

2. The landlord must make arrangement to have the repairs done when you are at home, HOWEVER, you cannot unreasonably withhold access or consistently refuse availabilty of dates or you will be held responsible for the failure of the repairs.

3. Each municipality has a hotline for tenants to report heating issues. Contact them and file a report each and every time the landlord fails to provide heat (provided the temperature falls below the threshold for providing heat).

4. Evictions do appear on credit report.

5. Based upon the description you provided, it appears that the apartment is legal however the best way to confirm it is to go to the local building department to verify it.

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Answered on 10/07/10, 8:57 am


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