I just found out that the apartment I have been renting for the past two months has no certificate of occupancy, and that the landlord has a hearing because of the violation. It is a small, newly constructed apartment building with 8 two bedroom units. As far as I know, the building has not succeeded in inspections. I was not aware of this issue when I signed the 12 month lease with my partner. I found out about the lack of certificate of occupancy through a neighbor, who tried to call gas and electric and the landlord was upset (he is currently paying utilities.)

Also, we were told that the unit would have air conditioning (windows do not permit window units), and two months into our rental, we do not have the air conditioning promised by the realtor. Initially, I asked for a rent reduction because of the unfulfilled promise, and my landlord took ‘no responsibility’ and asked me to talk to the realtor.

I am very unsure as to how to proceed. All of this is scary to me. I like my apartment, and want a home, but I am worried about this issue. Please give advice. Thanks!


Comments

  1. something very similar happened to me in my first ny apartment. i came home to eviction notices on my door and that’s how i found out there was no C of O on my apartment. i got an attorney and started paying rent into an escrow account. i was new to new york, new in my career and basically living without a lot in my savings. i was afraid of being evicted and having no cushion money to find another place quickly. in the end i moved a few months later anyway, and got to keep about 70% of what was in escrow.

  2. There are Help Centers and staffed tables at Housing Court in each of the five boroughs. Staff should be able to provide information on some of your questions.
    In Brooklyn go to Room 404, Kings County Housing Court, 141 Livingston Street.

  3. The fact that the landlord is being a scumbag by not at least giving you a 10% rent reduction due to the A/C issue would encourage me, if I were in your shoes, to to talk to a lawyer about your options.

    If the landlord is breaking the law by renting without a C of O, why should you have to pay rent at all? Normally, if the landlord was a reasonable person, I wouldn’t suggest such extreme measures, but this guy sounds like a real jerk, so I wouldn’t hesitate to initiate a full court press.

  4. If this is a condo in Windsor Terrace, it is well known to the realtor that the place doesn’t have the certificate of occupancy.