nadine0895

Hi there, first of all apologies to those who don't have all day to read my lengthy question and also just to let you all know that yes I know it is easier to hire a lawyer however I just wondered first of all if someone on here had some basic knowledge.

Basically me and my partner have stayed here almost two months whilst she works with the UN. We got a short let, which was advertised as a sublet, we then later found that the person we met owns the place and she is running it like a hostel so people are coming and going all of the time, we dont know our housemates and then we later found that this place is registered as a hospitality business.

For many reasons we are unhappy with the place but she had us by the balls with our deposit. We know we have been overcharged at least by 400$ a month, we were left with no water in the entire apartment for 8 days, the landlady/business owner whatever she wants to call herself just comes into the place when she feels like it and knocked on our door at 7pm asking if we had been smoking ( the stoners that we unfortunately got put with were smoking not us) .

This amongst so many other things has really ruined our stay, I've stayed in better hostels and I am seriously thinking about taking this further once we have got out deposit back, I have read up on this business and she has changed business names twice and the reviews for the previous names are also terrible and she is known for not giving the deposit back at all.

So my questions are these, is anyone aware of the rules and regs of a hospitality business?

Is this meant to be a hotel if so are we breaking rules by staying in the so called hotel more than 30 days?

Is anyone aware of a lawyer thats cheap that we can go through to communicate with her?

I know we should maybe let this go but there is one reason I will not and that is that she is preying on foreigners in particular who need somewhere urgently to stay who do not realise at first what they are letting themselves in for and I want to help protect newcomers. Thanks in advance if anyone is able to help at all..

rpjs

Have you tried calling 3-1-1? Sounds strongly like a below-the-table hotel/hostel operation in which case the City will definitely be interested.

Pulaski

You won't get your deposit back, landlords have a nasty habit of seizing the deposit, and the chances of you getting it back are slim to none because it is easy to produce a list of reasons/ justifications for keeping. This is true even for a relatively good landlord, but when you're dealing with a low-life scuzz-ball landlord it ain't gonna happen. Even if you get a small claims judgement against them actually collecting is a separate hurdle, and one that is s further cost and aggravation for you. Life isn't worth it, write it off to experience and move on. ...... And you have paid the price for trying to do things on the cheap.

nadine0895

Thanks rpjs what is this number for is it the non emergency police number? And Pulaski I definitely didnt do things on the cheap this was false advertising andd we paid almost $2000 a month and whilst I would normally write this off, out of principle I would rather pay to make sure this doesnt happen to tourists or expats again. While doing my research I've found out her home address, she is a new ''entrepeneur'' single mum who probably started off wanting to run a hotel but got no business so probably resorted to this and I think with the full list of complaints, research and another flatmate to back us up I think we have a strong chance of proving she was breaking the law. If I felt like I was in over my head and had no proof I wouldnt bother pursuing it, this is'nt about money it's about the principle and I've felt sorry for every newcomer that has come here under the same circumstances as us and I want to put a stop to it.

rpjs

3-1-1 is the City of New York's general information and non-emergency help number. Never had call to use it myself, but I understand it's the normal first point of contact if you need information from the city government or make a complaint about something under the city's jurisdiction which is not an actual emergency. Looking at their website, it looks like you can even file complaints online: 311 | City of New York

retzie

I know you were talking about AirBnB - is that how you found this place? If so, they would be your first avenue of complaint. I'm guessing it's not, but this de facto hotel idea is the exact sort of practice that people were worrying about with AirBnB. Maybe have a look around through the coverage of that issue to see which regulations are in play.

I agree that a 311 call is the best way to alert the City. You may also want to report the post to Craigslist/AirBnB/wherever it is you found it that it is a misrepresentation. Unfortunately, these sort of things are very common; there is no shortage of people looking to make a quick buck out of NYC travellers. It may not feel like it, but I'd count yourself lucky that nothing worse happened (apartment non-existent, your property stolen, etc.)

nadine0895

Thanks so much rpjs when I leave here on the 26th the first thing I will do is call this number. Hi Retzie no I got this through a sublet.com advertisement and it was advertised as a shared house full of creative people, all laid back easygoing etc and it was written in such a way that it was by a housemate, a shared house but it was'nt anything of the sort, its actually in effect a hostel because there is a constant flow of new tenants, not all are creative or even working. I do count myself lucky, she was very cunning I'll give her that but now I know that she owns this place, I can't see her walking away from it so the best thing she can do is settle the situation with us.

Pulaski

You are so naive!

Shirtback

In addition to all the above advice, it might be useful to speak to your partner's employer about this.

Did said employer not offer help/advice on housing when you were first moving over?

nadine0895

Thanks Pulaski, welcoming and polite as always to your fellow Brit Expats. Even when you have no advice to offer you still feel the need to infiltrate peoples threads. Ever heard of the saying if you don't have anything nice to say.... I'm sure you know the rest. Now if you have finished being so friggin rude..... Hi shirtback yeah we were thinking of actually speaking to the legal department at the UN which I am sure just by the name would be alarming if the landlord were to get a letter from them but for now maybe just send a letter myself and see what she says. Thanks for the advice everyone, I do know it's a long shot but as I mentioned I feel obligued really to make sure this does'nt happen to anyone else.

Tarkak9

... but would they bothered to look into it? - dept of housing, state licensing agency, NY attorney's office also come to mind. But, if its her private residence (ie lives on site) and she is renting out her rooms, then separate rules may apply; is there a lease is also my question.
I'm willing to bet that such flop-house/half-way house style set up, excuse me, esteemed daily, month-to-month rental hotel hospitality establishment is subject to have to collect sale tax on such short term rental period, which no doubt haven't been doing so nor likely report anything ..... an anonymous tip to the NY Dept of Revenue or even IRS when one leaves would be interesting.

rpjs

I would think so - just have a look at Google news for "nyc airbnb" for stories about the on-going legal crusade by the City against people effectively running hotels via AirBnB and similar services. From what OP has posted I'd definitely think her experiences would come onto the radar of whichever department it is that's enforcing the crackdown and 3-1-1 would be the logical start point for filing a complaint.

retzie

Check if the reality of her set-up violates their site rules. Cutting advertising coverage will be the quickest way to stop others using the service.

nadine0895

Thanks so much rpjs retzie and tarak, she doesnt live on the property but she advertised it as though it is a shared house and she was one of the residents kind've created a comfy cosy set up of like minded people when in reality there were people coming and going all the time that werent like minded, friendly and it was impossible to get comfortable, I gather I can't exactly get her prosecuted for this for to leave us with no water for 8 days, to hold our cash at ransom, to run it like a hotel but not exactly go by the rules of one I'm sure she must be at legal fault somewhere. When I leave I will definitely follow all the steps you advised, Im just waiting until I leave, to be honest I'm anticipating no return of deposit but either way I am taking this further. I've heard of hotels accepting long term rentals and then the police knocking on peoples doors in the middle of the night and evicting customers, thank god that has'nt happened to us. I've no idea what a hospitality business is here and the rules that come with it, I'm hoping she is in violation of a few of them then I might have a leg to stand on.

Nutmegger

Unfortunately, there are so many housing violations of all kinds going on all over NYC that I doubt that you will be able to accomplish anything in the timeframe available to you, however illegal the set up may be. There are tenements where people live for weeks on end with no heat in 20 F degree weather and the authorities still can't get the landlord to act. You may have to accept writing this off to experience. I'm afraid that in NYC there is no free lunch -- and no decent really cheap accommodations. I think the best recommendation you could give to those who come after you is that, in order to spend time in NYC, you need to be prepared to spend a decent amount on a long-term accommodation hotel.