A Manhattan couple thought a realtor had helped them find the perfect apartment, but they soon learned it was illegal for them to live there. NY1's Susan Jhun filed the following NY1 For You report.

James Wesley and his partner, actor-writer Seth Rudetsky, moved into a new apartment with their daughter in January 2009. Wesley's mother had recently been diagnosed with cancer and they rented the larger apartment so she could move in with them.

"It was nice and clean, it had a backyard, and it had two bathrooms, and I thought, 'Perfect,'" says Wesley.

"At first, the apartment was very nice. We had a backyard and they allowed our dog," says Rudetsky. "Everything was great, and then we had a flood."

After the flood, the couple had their apartment tested for mold by the city. The tests came back positive, but the landlord soon had even more disturbing news.

"We got an e-mail from our landlord saying, 'I've just been informed that the apartment is illegal, and you need to vacate as soon as possible,'" says Rudetsky.

Shocked, Wesley and Rudetsky went back to CitiHabitats, the realtor that found them the apartment.

"They were outraged. They said that they would help us, that it would be top priority for them, and unfortunately the very first apartment that they presented to us was another illegal apartment," says Wesley.

The pair then took up their own search for a new place. They say they cannot believe the irresponsibility of their former landlord and CitiHabitats.

"Once I found out why the apartment was illegal, I was angry because it’s so obvious that it’s an illegal apartment. Once you see a bedroom without a window, that’s illegal," says Wesley.

Wesley and Rudetsky also say they should get back the $2,100 they gave to CitiHabitats and $2,520 they gave to the landlord as a co-broker. After CitiHabitats returned nothing and the former landlord did not even return the security deposit, the couple took the matter to Small Claims Court.

NY1 contacted CitiHabitats and the president would only say, "It is a landlord-tenant issue. We offered our services when we were appraised of the problem."

The station then contacted the landlord, who claimed he was originally not aware that it was illegal to put two bedrooms downstairs, and when he was told it was he asked the tenants to move out.

To avoid renting an illegal apartment, The Department of Buildings recommends that New Yorkers check the legal use and occupancy of a building at the Buildings Department Information System, at www.nyc.gov/buildings.