Nyc Illegal Conversion On Apt , Can We Leave?

Location: Queens, NY

I’m currently renting an apartment from a landlord that used to own a house here in Queens.

We’ve been here since 2024 and have not really liked it so much due to various issues such as a room not keeping heat well, noise from neighbors, and random drop ins from the landlord. We have navigated some of these over the term but most recently we found out a complaint on the house was put in for an illegal conversion as there are 3 families in the home.

The certificate of occupancy only lists it suitable for two families. They split the upper unit into two via the illegal conversion.
In hindsight I can understand now why our door to the unit was hollow in a shared egress hallway (should be solid, self closing etc) or why utilities are included.

Anyways the lease is up in June 2027. They’re saying not to answer the door for inspectors but that if they do come in someone would have to move due to the MDL issue.

So for us:
- we don’t want to live somewhere that’s not zoned appropriately and have concerns for safety if not properly inspected

- we don’t want to have to find a place in winter if an inspection does occur and a vacate order is issued.

As such we began looking for places and have a place lined up already, lease ready to sign, but before going ahead:

- can we just leave , stop paying for the old lease come Nov 1 , and let the landlord know we are leaving due to this apt not being up to code and advising us to not speak to inspectors ?

Looking at NYC laws it seems the landlord is not legally able charge rent in an illegal conversion, the issue is the case is open and a 2nd inspection could happen any day now.

Could the landlord try to come after us for missed rent ? We are not giving 2 months notice which the lease states (it’s more worded to give 2 months notice before lease end) and are wanting our security deposit back too if the condition we leave it in warrants this which we intend

Any insight much appreciated !