| Monday, September 23, 2002 - 05:15 pm My mummy and I had moved to NYC, a basement in '89 and is potentially facing an eviction. The quality of life is really horrible to a point where I got a 3rd degree burn in the shower. I have asked numerous times to fix things but to no avail. We didn't complain sometimes; because the rent would increase dramatically. The LL, a pediphile, got angry and jealous when my BF(of different race)came to fix the problems in the basement for my mum. He made me aware that it was illegally structured, from the pipes to the electrical wiring. I accidently threatened to report LL to the IRS and HPD. To my dissapointment, they said that I couldn't do anything, which was true. The only punishment that they would get was $250 fine and the IRS wouldn't care if the extra incomes were not documented. In '98 every 6-9 months the rent started being raised by 35%, so mum paid until it reached $1100/month. She drained her life savings to the point where she can't move out, but still make the rent payment. The landlady promised she would help find a place and cover the moving truck but backstabbed my mum by giving her a 30 day notice to vacate. The LL said that they wanted her out because we paid off their mortgage and wishes to make more profit. The house is a legal 1 or 2 family and there are 5 immigrants occupying the house. Everyone that I have talked to in the neighborhood says that I should seek legal assistance because we might be able to collect back some rent and security deposit. Since mum can't speak English, I have been calling every lawyers & legal aid. No one is wanting to take her case. The lawyers said that the landlord has the right to do anything to me and negotiation is not an option. Is this true? If anyone can point me to the right direction, I would very much appreciate it. Thanks Elise
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| Monday, October 07, 2002 - 01:51 pm I don't know if you can collect back rent, but tenants have successfully refused to pay rent in that situation (and retrieve the security deposit). Apparently renting the illegal apartment allows a LL to keep what they got from the tenant. The main penalty for illegality is that a LL can't take the tenant to the Eviction Mill (a/k/a the Housing Court). Do you have any documentation of the IRS refusing to consider unreported income? That is highly unusual and would bear exploration. My advice to you is to try and get a good lawyer. Check on the help page of this website (click the help link above). You may need to get a referral from one of the bar associations and may qualify for pro bono (free) representation under one of the bar programs. Also, given that your mother is a long term resident and on the elderly side, the most effective tool you have is shame. Contact a community service group in your area (you didnt say where this is) that may be able to help you. The PACC and 5th Ave Committee have had tremendous success with this. Read this prior message for more info: click here Good luck! Ronin
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| Tuesday, October 15, 2002 - 01:53 am Is it true that you can get back all or some of your rent money if you take a landlord who's renting you an illegal basement apartment to court?
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