You asked: I submitted my application so why do I still see the apartment listed elsewhere??

Question:

I put in an application for an apartment, I payed 75 dollars processing fee and now I see it advertised by a different broker from the same company. Is that normal? I assumed my application takes priority since I paid already.
Input: Send

Answer:

It is completely normal that the same unit is listed multiple times within a company and across other brokerage houses. When an application is submitted, the landlord rarely updates his vacancies until the apartment application is actually accepted. Many brokerage houses have a few different offices which makes the communication of whether an apartment is still vacant or not rarely up-to-date. If your broker told you that you are the first one to apply for that particular unit then most likely you are and have nothing to worry about! He/She is the one who is talking directly to the landlord so their information is only as good as what the landlord is telling them. More often then not if you are told you are the first person to apply then you are. Sometimes brokers who all ready have a more established relationship with a particular landlord can boot your application with your broker even if you were the first one. Such is the nature of the modern rental business in NYC.

For more info: info@HowToRentInNYC.com, www.HowToRentinNYC.com

You asked: I am renting in an illegal basement apartment, what are my rights?

QUESTION:

Dear Ms. Schwartz,
I have been living in a rented basment apartment for the past 8 years. There is not lease for this place since is it basement apartment which is not officially approved from Dept. of Buildings. My question is this buidling is sold a new owner and he is threatening me to vacate or pay the double amount whatever I have been paying. I don’t want to leave this place. Please tell me what are my options?

ANSWER:

DISCLAIMER: Please be advised to seek out an attorney, this is my non-legal opinion only:

Basically, your landlord doesn't have much to stand on since it appears that the certificate of occupancy for this property does not reflect your basement apartment. This means your landlord cannot charge you double rent or collect rent all together. If your landlord were to take you to housing court- the document listed below would be the defense against his claims. The landlord is the one who violated the law so he can't evict you given these circumstances. He has to first the amend certificate of occupancy which could take anywhere from 2 months to a year. After the certificate is amended then he has 90 days to evict you. I would bring this information to your landlord to negotiate your future living situation there because you do have a strong argument.

*If the landlord changes the locks on you that is illegal- immediately call the police. That is called self-help and is very much illegal.

For Queens and Kings in NYC:

"If the tenant knew that the apartment was illegal, then in Queens and Kings Counties, the landlord or owner may be able to collect rent." (From document listed below) If in Queens, I highly recommend for you to seek out an attorney and still approach your landlord with this information given. STILL- the landlord just bought the building knowing he had illegal occupants in it. This would still not bode well for him in court. All though the ultimate goal would seemingly be to get your landlord to give you a legitimate lease with the rent you are currently paying so this information may be enough to get that for yourself.

FROM NEW YORK CITY CIVIL COURT RESOURCE CENTER:

LANDLORD/TENANT
ANSWER IN PERSON
FACT SHEET (CIV-LT-91)
#12: ILLEGAL APARTMENT

Defense # 12 says: “The apartment is an illegal apartment.”
When an apartment is illegal, the space should not be used to live in, a
landlord or owner can’t collect rent. So, when you are being sued for failing
to pay rent, it is a defense to the nonpayment case if you live in an illegal
apartment.

If your apartment is like this, it may be an illegal apartment:
1. Basement Apartments: not all basement apartments are illegal.
But, the most common of all illegal apartments are in the
basement of a building.
2. The apartment has no inside plumbing, bathroom or cooking
places or the bathroom or kitchen facilities are separated, like if
the toilet and the shower/bath are in different rooms.
3. Apartments that don’t have windows (full size) and/or second
exits may be illegal.
4. There are no separate electrical or gas meters for your
apartment, like, if your apartment is on the same meter as the
lobby of the building.

To find out if your apartment is illegal you can go to the Department of
Buildings. They have an office in each borough of New York City. All
buildings have to have a Certificate of Occupancy if they were built after
April 18, 1929, or had major changes after that date. The buildings that
were 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. For
example:
1. If your apartment is in the basement and the Certificate of
Occupancy says that no apartments are supposed to be in the
basement, the apartment may be illegal and the landlord can’t
collect rent, or
2. The Certificate of Occupancy says that on your floor only four
apartments are permitted but you know that there are five
apartments. At that point, there is a possibility that your
apartment is illegal but, you will have to prove that your
apartment is the illegal apartment, to be able to use the defense.
The violation of the Certificate of Occupancy must be for the apartment
you live in. The fact that the building is being used in a way not permitted
by the Certificate of Occupancy may not be a defense in your case if the
violation has nothing to do with your apartment. In other words, your
apartment must be the illegal one. For example, if the landlord or owner
changed the nature of the second floor so that it violates the Certificate of
Occupancy but your apartment is on the fifth floor, then the violation has no
effect on your apartment, and there is no defense.
You can also find out information about your apartment by going to the
Department of Housing Preservation and Development (“DHPD”). They have
an office in each borough of New York City. If a building has three or more
apartments, it must be registered with DHPD every year. If the landlord or
owner has not registered the apartment, then rent can’t be collected. This
will not tell you if your apartment is illegal, but it may give you an idea that
it is illegal if you know there are at least three apartments in your building
and there has never been a multiple dwelling registration filed for the
building you live in. For example:

1. The building you live in is a two-family house and one of the
apartments has been divided. In this case, because there are
three apartments, the landlord would have to register the
building with DHPD. If the landlord did not, that would be a
defense to a nonpayment proceeding, or
CIV-RC-90 (December 2006)-i 3
2. If you live in the basement of a building or house where there
are only two other apartments. Again, since the total number of
residences is the issue, the fact that there are three would be a
defense if there is no multiple dwelling registration filed the
DHPD.
There are some reasons that may allow the landlord to collect rent
even if the apartment is technically illegal:
1. Even if your landlord or owner did not comply with the Certificate
of Occupancy or have the legal multiple dwelling registration,
these are defenses that can be cured,” or fixed, by the landlord
or owner. If they are cured, then the defense no longer applies.
For example, if the apartment is illegal but can be made legal
and the landlord or owner does this and gets a proper Certificate
of Occupancy, rent can be collected.
2. If the tenant knew that the apartment was illegal, then in
Queens and Kings Counties, the landlord or owner may be able
to collect rent.
3. If the tenant caused the violation that made the apartment
illegal, then the landlord or owner may be allowed to collect rent.
4. If the tenant stopped the landlord or owner from correcting the
violation
that would have made the apartment legal.
5. In New York County, there must be a connection between the
violation and the health and safety of the tenant.
When you go to court, tell the Judge or Court Attorney why you
believe your apartment is illegal. Bring any proof you got from the
Department of Buildings or DHPD and any photographs or witnesses that can
talk about the conditions in the building. If the judge says that you have
proven this defense, the petition will be dismissed against you.

For more info: info@howtorentinnyc.com, www.HowToRentInNYC.com

Most popular question: How do I find an apartment without a broker?

QUESTION: have a basic question I think. I don’t want to pay a brokers fee. How do I find an apt on my own? My friend ended up renting an apartment she could have gotten on her own through a broker and is furious. I don’t want to make the same mistake.

ANSWER: I believe this question causes the most confusion for people who are new to New York City. What is the point of a broker? If you have read through HowToRentInNYC.com, I take a neutral stance of employing a broker. There is great value in hiring someone who knows the city, the landlords and the process inside and out. If you are on a time crunch or have been looking and can’t find the apartment of your dreams on your own, chances are a good broker will be able to help you immensely. If you plan on moving to a place for at least two years then a broker’s fee becomes even more valuable. Yes, brokers will show you apartments you could have gotten on your own and they will show you apartments that you would never have access too. Their job is to show you everything that your criteria matches and sometimes that means showing you apartments that with a little research you could have rented without them. In the end the questions becomes what is the service worth? It’s a business. You are a customer. Know what you are paying for before you buy it.

Now, if you have the time and energy, then yes, you can find an apartment in New York without a broker. Here are my tips on finding an apartment on your own.

1. No Fee Websites

There are many no fee websites for management companies where you can see their listings. These sites explain their rental process and usually allow you to make an appointment to view the units directly. HowToRentInNYC.com has a large list of management companies that you can either call directly or visit their website listed here. There are also “search engine” websites such as Craigslist.com and Backpages.com that offer good leads. When browsing on any of these, look for “owner” listings and not those of a broker. Brokers use these sites to generate business, and again, you’re trying to avoid that fee.

2. Walk Around the Area You Want to Live In

Look inside buildings for the management company’s phone number. Call the company directly, but make certain that you are prepared to hear the words “we only talk directly with brokers.” Nevertheless, be positive and persistent because inevitably some companies will deal directly with you, even if they don’t list.

3. Call All Your Contacts

Make certain to contact anyone and everyone you know who lives in the city. There is always someone trying to find a roommate or to sublet an apartment. This can mean no fee for you.

4. Random Roommates (Most People Are Normal)

Building off number 3, check out craigslist.com, backpages.com and other sites to find people you don’t know who are looking for roommates. It is a scary thought living with someone you don’t know anything about, but this is becoming the norm in New York due to high prices and low inventory. TIP- it is ok to ask the potential roommate about their history and ask for referrals for them.

5. Doormen Are Your Friends

Finally, remember to talk to NYC’s most knowledgeable people: building doormen. Most of the doormen are aware of the availabilities in the building that they work at, and sometimes they can put you in direct contact with the management company or the owner. Be polite, kind and gracious when you approach, because if things go well, you’ll be seeing a lot of your new doorman or doorwoman.

For more info: info@howtorentinnyc.com, www.HowToRentInNYC.com