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How do I pursue a case of Constructive Eviction in Broome County, NY? Code violations, bed bugs, unsanitary shared living areas.

Binghamton, NY |

Code Enforcement has already been by to inspect. I am awaiting theirt final report. It looks like a case of an illegal rooming house. My local councilperson has also been brought in, asm well as the local mayor and his executive assistant. I am DSS dependant right now, and a full-time student. Had to go back on Xanax and Ambien just to go to bed. Covered in bites. Have a Dr's not showinf treatment for bedbugs. Also Rx's for antibiotics, and benadryl. Could not donate blood today b/c of being on antibitics.

Attorney Answers 2


  1. What is it that you seek to do - Withhold rent? Recover damages? If the premises are illegal, the owner is not permitted to charge you rent, and if you move out , it is unlikely that he will be able to pursue you successfully especially given theevidence that you have accumumated. I wouldn't worry too mucha bout claiming that you were constructively evicted. Put your complaints in writing and leave. As for damages, it sounds like you have a good case. Hire a lawyer and go get em. (I lived in a pretty awful place on mather Street 30 years ago, so I fully understand Broome County housing.)

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. What you have stated here are mostly defenses to an action for eviction for non payment of rent and a counterclaim in such an action. Getting the authorities involved could also result in an emergency vacate order. While you have stated good grounds for getting an abatement in rent, and possibly some damages for personal injury you seem to want to go on the offensive and need more than what you have stated here to do so. I suggest you meet with a landlord tenant attorney and possibly a personal injury attorney immediately because what you have set up so far could result in you having to vacate the premises on short notice. You probably will be relieved of having to pay rent but you don't want to have to vacate. An attorney can help you get the rent sated and get repairs as s well as possibly get you damages without having to suddenly move out.

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