Legal Question in Landlord & Tenant Law in New York

Basement apartment issues - I had to make a quick relocation from another state for a new job and rather naively rented the first place I found in Northport Village, Suffolk County, NY. I was a model tenant for 15 months despite numerous building and safety code violations. Silly me, I stayed for the view. After I complained about the bully who moved in next door, my LL exercised 30-day clause to terminate the lease. The apartment was one of 3 built in the basement on the back of an old house. All 3 apartments have only one means of egress - through a sliding glass door that opens onto the backyard. Mine was the largest of the 3 at approx 320 square feet. Doesn't the NYS building code prohibit more than 1 basement apartment? Isn't it supposed to be a minimum of 600 square feet, occupied by only one family? Didn't the "grandfather" provisions run out in 1967? I believe these were added to the home in the 40's and may have been legal at the time. I believe there are issues with mold and mildew all over the walls. Windows are rotting, leak and also drop dark brown debris down onto the floor. Air circulation may not be appropriate. I also know that the rear wall of the apartments is not fire protected and the oil tank and burner are behind it. I question whether these "apartments" are legal. How can I find out? Can I claim damages for the rent paid for illegal space, for cost of moving, for an agent's fee for the new place, etc?


Asked on 3/09/10, 2:11 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Doesn't the NYS building code prohibit more than 1 basement apartment?

A. Building codes are normally through the village or town. However, it is my experience that there are no legal basement apartments on Long Island.

Q. I question whether these "apartments" are legal. How can I find out?

A. You may go to the Town's Building Department and look at the building's certificate of occupancy. That certificate will tell you whether or not the building is a legal 1, 2 or 3 family unit.

Q. Can I claim damages for the rent paid for illegal space, for cost of moving, for an agent's fee for the new place, etc?

A. Generally, no.

Mike.

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Answered on 3/15/10, 5:43 am


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