My question involves an eviction in the state of: New York
We live in a 3 apartment house in Staten Island that is owned by my mother in law (as well as my husband and his 2 sisters). The basement apartment is illegal. When it was rented to the coupe that are currently living there, they were told the entire house was a non-smoking house. They said they understood and agreed to only smoke outside. My mother in law is very trusting and they never signed a lease. Since the day they moved in, they have smoked in the house. We have spoken to them about it several time, as well as others. We live on the top floor and daily our apartment smells like a dirty ashtray. We have spent $500 on air purifiers that consistently read the air quality as poor and the main reason this is all such a major problem is the fact that I have an 18 month old son and I am currently 7 weeks pregnant. They are essentially poisoning my son and my unborn child on a daily basis. They say they don't have the money to move and my mother in law is afraid if we try to get them evicted, they will throw out the case because it is an illegal apartment. What can I do??? There has to be some law in regard to endangering the health of a child and a pregnant woman. My Dr has actually told me if we can't get them out, then we should leave (our own house) because it is so dangerous for me to be breathing in second hand smoke. I have lost 2 pregnancies in the past and I am constantly stressed and terrified about what this is doing my unborn child, as well as the effects it is having on my son. Any advise would be greatly appreciated.