Rochester, NY asked in Landlord - Tenant for New York

Q: Landlord had no Certificate of Occupancy, paid last months rent to move in and found asbestos in basement ($14000 est)

Just found out Landlord never got a C of O and we live here! AND found asbestos which I was disturbing doing laundry! Took last months rent from us as well to move in.

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2 Lawyer Answers
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.

Daniel Michael Luisi and Steven Warren Smollens agree with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Rochester Tenant:

You omitted some information. Is the building a multiple dwelling, or one and or two family house? If a multiple dwelling did the City ever issue a Certificate of Occupancy for the rental property? If one or two is the building also owner-occupied?

https://www.cityofrochester.gov/article.aspx?id=8589937560

You could request an inspection. I surmise if your dwelling requires a C of O, your rental is illegal.

Daniel Michael Luisi agrees with this answer

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