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You must be very upset about getting such a summons. This would explain why you didn't ask a question! What would you like to know, please?
I am going to give you an answer that you are not going to like. If you have an illegal basement apartment, the only way to defend against a summons for it is to make the apartment legal or to remove the illegality. You may and may not be able to make the apartment legal, as this will depend on a number of things like zoning, the physical layout of the apartment, etc.
It may be easier to remove the illegality. You will first have to evict the tenants, and then remove any items in the apartment that are making it illegal, like the kitchen, sink, etc.
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Yes - it is the same situation as when someone is pulled over for speeding, and also gets a ticket for not wearing a seat belt.
There are a lot of illegal apartments in Queens, but each of those landlords takes the chance that they may be found out, and are then issued summons. If the summons is not too much, you may want to pay it, and then take it from there. But you should keep in mind that any house insurance you have will not cover anything that happens in the illegal apartment.
The summons was a violation of a NYC administrative code. That particular code does not list a fine. If there is one, it should be listed on the summons. If there is no fine amount, but there is another code mentioned, give me that code # XXXXX I can look it up to see if any fine is called for in that code.
If there is no fine amount on the summons, you will probably be ordered to correct the violation. Refusal to correct would result in contempt of court.
It does not matter that you rented the place for less than a month as far as the summons goes. Keep in mind, though, that an illegal basement apartment does not have to have tenants to be illegal, or for there to be a violation.
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