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This is a complex situation.

First, the unit being illegal for residency is the responsibility of the landlord or property owner. However, having rented it out, he is still the landlord, and must follow local and state laws regarding eviction. Blocking access is not a legal option. The tenant having rented the property has the legal right to be there until that right has been quitted by the courts.

Second, if the landlord has blocked access to the property for the tenant, the tenant's rights are being denied, and the landlord could be committing a crime. It may not be exclusively a civil matter.

If however the tenant involves law enforcement to regain access to the property, the New York Housing Authority is likely to become involved, and the tenant may find himself evicted regardless.

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Q: I live in an illegal basement in New York and I have not paid rent for a few months can the landlord stop me from entering my apartment?
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