Being brought to court for back rent on an illegal 1st floor apartment

[nymoose]

Hi I live in suffolk county NY in the town of islip. I have been living at my current residence for about 4 years with a signed lease which expired july of 2010. My current situation is that I lost my job and I am 6 months behind on rent and I was served with a petition and have a court date. Now I found out that the apartment is illegal via the town assessor's office that the house is listed as a one family house with no history of an apartment. My apartment has separate electric and two exits, I don't know what else it needs to have to meet code. My question is will the judge enforce a contract on an illegal lease? And if not what do I have to obtain in oder to prove the apartment is illegal? And if so what rights do I have? Now during my lease there have been numerous times the hot water was shut off by the landlord to "save money" during the day and holds onto my mail, also when i signed the lease it said cable included but halfway in to my two year lease she changed service and stated that it's more expensive and I must pay $32 extra which changed in a few months to $56 a month. Plus numerous different things. Now she keeps bringing up that it took me a year to give her the full security deposit which I told her I couldn;t give her up front and it would take me awhile to give it to her and I did also She said I could have one cat but now I have three which she at first had no problem with until a year or more later. Most payments have been in cash but there have been a few times I gave it my cashiers check from my bank. Any information you could provide I would greatly appreciate it.

 

[army judge]

You won't have to pay the back rent.
But, you will be evicted.
She can't rent an illegal apartment.
You won't be allowed to live in an illegal apartment, either.
You better get busy seeking a new apartment.
The process could take 6-8 weeks, give or take a couple weeks!

 

[nymoose]

So when I go to court what should I say and what proof of anything should I bring? Also will the eviction affect my credit?

 

[army judge]

So when I go to court what should I say and what proof of anything should I bring? Also will the eviction affect my credit?

I can't say how this eviction will affect your credit.

I can't say for sure you will be evicted.

Only the court can say what will happen.

The court may allow you time to vacate and this might not show on your record.

If you're evicted, it will affect many things.

The most important thing is that an eviction (or civil suit) will show up on some records checks.

Many landlords will never rent to you with such an action on your record.

You won't be required to pay the back rent.

You should bring whatever PROOF you've been able to secure from the city, the county, and any other sources.

Bring certified or copies, if they are available.

You MIGHT say that your defense for not paying the rent is that the landlord wouldn't repair "X" and that you discovered you were living in an illegal abode.