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My basement is literally flooded with human feces, I have a disable child & I have C.OPD? What are my rights?

Jamestown, NY |

I spent over $800 of my money for paint, woodwork restoration, thought I found the perfect place, which was fine but now the basement is full of human feces, the smell is horrid I was told by my neighbors, including 2 previous tenants, this is an on going issue since at least 2008 . She refuses to properly correct the issue, shouldn't she have had to disclose this to me before I moved in? When I looked at place basement was dry, no signs of problems, can't bring washer or dryer in, for fear it will be ruined. Several items I stored are ruined, now I'm out the value, ? I have a chronic lung issue, she knew about, my son is disabled, I can't afford to move. What rights do I have,? Can she evict me for not paying rent, I only hear from her when rent is due? Please help, I'm worried!

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Attorney answers 1


Dear Jamestown Tenant:

Your problem may be that the residence you have in a basement may not be a legal residence and that the landlord does not have a residential certificate of occupancy for the basement.

You must check this out. Throughout New York State, most localities do not allow human habitation in the basement portion of a house.

The basement floods the way it does because the main drain from the house to either a municipal sewer or to the septic tank is clogged. A plumber could check this out for you.

But you are better served finding out first if your home is lawful to live in.

Good luck.

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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