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Does the building department take precedence over housing court where the tenant built something that's against building codes?

New York, NY |

If a tenant has added something to the landlords property that will subject the landlord to a building department violation and fine, does the landlord have the right to remove it? I'm concerned about housing court claiming I used self help as I'm evicting the tenant. I should also mention that the tenant placed it in an area they don't have the use of in the lease. If it can be shown that what they built is illegal, would the housing court respect that and not say the landlord is using self help? I'm consulting an attorney before doing anything, but I would just like an opinion on this first.

Attorney Answers 1


Dear New York Landlord:

It is a good idea to hire an attorney since you are engaged in a court proceeding. Your lawyer may suggest that you make a motion for an order to access the area of the illegal construction for purpose of removal.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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