Brooklyn, NY asked in Real Estate Law for New York

Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original owner the apartment was already there which would be well over 50 years with no complaints. I researched DOB website and I see every house on the block has the same complaint on the same day. It looks like the surrounding blocks as well. They want me to setup an appointment for inspection which I haven't done as yet. This seems like a money grab by the city. Not sure as what to do or what my rights are if any.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Do the inspection but make sure you have no violations. If you have no tenants and are not using the basement in violation of the C of O for the building then you will be OK.

Vincent Gallo
Vincent Gallo
Answered
  • Staten Island, NY
  • Licensed in New York

A: Because an apartment was there for a long period of time doesn’t make it legal necessarily.

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