illegal basement apartment nyc eviction

Can a Landlord Collect Rent for an Illegal Apartment? At first, the landlord seemed receptive to helping them but later changed his mind. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. [1] notice to pay rent or vacate the premises. This opinion is uncorrected and will not be published in the printed Official Reports. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. 0000000688 00000 n Perhaps it is a fire hazard or there is no inside plumbing. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. The notice mentioned that they received a complaint about "illegal conditions" which means someone ratted me out.I did purchase a gas stove for the basement (illegal, but I can have someone remove it temporarily), a small refrigerator and installed a kitchen sink. The price seems like a steal. trailer And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. But none of that money will go to Holness. modsquad81. By law, landlords who try to evict tenants by harassment, intentionally cutting utilities or changing the locks can be arrested, issued a summons, and even go to jail for up to a year. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. w !1AQaq"2B #3Rbr Perhaps there are no standard size windows in a basement or no exit in case of fire. Report past illegal conversion of a commercial space. Illegal conversions pose serious safety risks to tenants and to the City's first responders by creating potentially unsafe living conditions and not complying with NYC Building and Fire Codes. Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB). The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. 1004. Basements in one- and two-family homes can be lawfully occupied only if the following conditions are met: Basements in a one-family home can be lawfully rented only if the following conditions are met: Basements in a two-family home cannot be lawfully rented: Cellars in one- and two-family homes can never be lawfully rented. >> As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Another hurdle is the 2020 New York State discovery reforms that substantially expanded records prosecutors must turn over to the defense, and tightened the time to do so. New York residents are under an order by the state to remain in their homes. Additionally, regardless of what the lease may state or the illegality of the premises, participating in illegal activities will get the tenant evicted as if the lease were in effect. The laws are different in different states. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. My husband told me, Norma, lets go, because this is not going to stop. So all we did was get a black bag, a black garbage bag and pick up some important papers and what we could find, said Norma. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. The landlord was arrested and charged, though his criminal case was dismissed. >> Unauthorized basement and cellar units come with risks including exit issues, unsafe gas and electrical systems, and a lack of light and ventilation, theDepartment of Buildingssays. Holness called the police, and they tried and failed to open the building door, she testified, backed up with a photo of the cops trying unsuccessfully to get in. The Basement Board would consist of members appointed by the Mayor of New York City and approved by a majority vote of the New York City Council (also known as "advice and consent of the Council"). But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. /Length 53886 Kavanaghs bill would set a new standard of safety that would allow the city to waive certain requirements within the states multiple dwelling lawwhich regulates overcrowding and unsafe conditions in apartmentsand bringexisting accessory dwelling unitsinto compliance. In essence, a holdover case isnt really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. Perhaps it is, by mortgage requirements, supposed to be owner occupied. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od Before his November arrest, according to text messages provided to THE CITY, Stewart confronted someone using a number that appears to belong to Mifsud about the lack of heat in his apartment, which he shared with his wife, mother-in-law and four children. /H [ 790 304 ] Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. 2. On May 25, Housing Court Judge John S. Lansden found Holness quite credible and said there is no doubt that [she] was a tenant for the last three years and was removed from the subject premises without due process of law Holness won her case, and was granted an order to get into her apartment. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. 0000063002 00000 n 0000000017 00000 n But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. Newark has free . Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? You need a Notice to Vacate ASAP! A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. It would allow the city to grant amnesty to property owners who come forward and show they manage accessory dwelling units: underground basement spaces that have been illegally converted into apartments. /L 90115 One prosecutor, who spoke on the condition of anonymity, said that the law leads to more dismissals, because the DAs staff have to track down volumes of evidence for every case. 0000057704 00000 n Why Are Slashings Surging in City Jails? Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. For housing advocates, the scant number of arrests confirms what theyve long observed that the police do not treat unlawful eviction as a crime, preferring to let tenants and landlords duke it out in Housing Court. Im still staying at the shelter, trying to get permanent housing. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. Between Feb. 3 and March 2 2021, Holness filed complaints with the citys 311 system 14 times, records show, reporting that her apartment had no heat, gas, electricity, smoke detector or carbon monoxide monitor. View > Zoom > Zoom In, In the View menu, select Text Size. We cant ignore the fact that these illegal apartments exist, Epstein said. /TrimBox [0 0 612 792] If you are the owner of an illegal basement apartment in NYC, the Bronx, Queens, Brooklyn, Staten Island, Manhattan, you may be in for some serious fines. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. Report a commercial space used as a residence. Details about the original use of the building, Details about the new use of the building. 23 0 obj >> You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. Acting Director Lena Afridi argued that basement apartments are a common housing option for immigrant and working-class New Yorkers and carry an important source of income for small, independent landlords. The 600 sq. Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use. Heres What to Do Next. 0000058871 00000 n These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$JS'vn?qNY~}u0}}3*r, 9EKEi/Suc8k:w'cgwY3wC're^$DO?p7@yqN!9Dr)yofoS% A7LY04Q;';O*9'`_88~VR*D=Bxgu\;eJ2TDJ2,ZV4 V'^Lb2~nKQB[!T If you are the renter [] Around the date Mifsud was served with the court papers, the building locks got changed altogether, Holness testified, and Mifsud did not provide her with a key. The police department was previously budgeted for $454 million in overtime pay for the current fiscal year but is already on pace to spend over $820 million. Including all New York City Housing Court cases where tenants alleged a disruption of services, a lack of repairs, harassment, illegal lockouts or an uninhabitable apartment, tenants filed just over 16,450 cases seeking relief over those two years. Eventually, her landlord changed the locks on her door. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. You will also be fined for having an illegal basement rental. The apartment is in the basement or attic. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (C of O) for that building. Basement Apartments Safe for All had even developed specific conversion blueprints, focused on such details as waiving parking requirements, floor-area ratio and, crucially, providing owners. stream Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. Now what are we going to do? asked Norma. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. Attorneys may be able to work out a deal with a landlord and avoid court. He still has a criminal summons case for unlawful eviction pending. 0000073831 00000 n Other illegally subdivided areas of an apartment, house, or a building. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. Members and sponsors make THE CITY possible. The thing is, state law constrains what they can do to make them legal.. /Length 2165 As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. For assistance with your ECB/OATH violations, illegal basement violations, gas company violations, gas boiler violations, or any plumbing building violations in NYC, call John Farr at 917-324-2535. The high number of dismissals is not surprising based on how the justice system works, said Gerard Deenihan, a staff attorney at the Legal Aid Societys Queens office. startxref This type of activity violates zoning regulations. HPD did not respond to requests for comment. This can include illegally renting housing to guests who stay less than 30 days. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. endobj << %%EOF The city allocated $11.7 million for the three-year program, which would subsidize low- or no- interest loans of up to $120,000 each for homeowners seeking to bring basements up to code, while guiding them throughout the construction process. You can report people living in commercial space. City of New York. To change the text size on NYC.gov you can use your web browser's settings. Doctor Urged NYCHA Arsenic Tests After Patients Death. Property owners will be liened any costs incurred by the agency and provide relocation services (which may include temporary housing) to any occupants who receive these services. Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. Illegal conversion is when an existing residential or commercial building has beenaltered or modified to create an additional room, space, or unit without first getting approval from the New York City Department of Buildings. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. Nyc funded a pilot to make basement apartments safer but then it went off track looser rules on illegal housing sought the new york times city s illegally converted proved deadly in ida path cnn people trapped basements due flooding how do you know if where live is and are at risk telemundo 47 world today news tell apartment legal al eviction bringing code urban omnibus down ramps up what an tenants rights landlord greed carbon monoxide poisoning In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. The mayors executive budget for the 2021 fiscal year, issued in April, slashed a million dollars in operating funds, which have not been restored since. Since NYC has so many different kinds of buildings and tenancies, were going to use a two family house as an example in this article. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. If you are a commercial tenant, you can get information about financial and legal resources, including help reviewing and negotiating commercial leases, on the Coronavirus (COVID-19) and Businesses page. /Type /Catalog The state Senate and the Assembly are close to passing legislation that would legalize the underground market of unregulated basement apartments in New York City. As later noted in an HPD lawsuit, the landlord had a responsibility to keep her building in good repair. The suit further noted that these violations meant Holnesss life was in immediate and constant danger.. Everything is dead, he said in the video, looking at his appliances. The bills have support from moderate and progressive Democrats in both houses, including Queens Sen. Jessica Ramos, Manhattan Sen. Brad Hoylman and Assemblyman Richard Gottfried. Legislators say these apartments could be housing up to 100,000 people across the five boroughs and their unsafe conditions have put tenants at risk of death. Even if you live in a 2 family with an illegal apartment, and you call DOB on it, they can evict you even if you're not living in the illegal apartment, since the basement apartment would be . 2022 NY Slip Op 51210(U) [77 Misc 3d 1214(A)] Decided on September 9, 2022 Civil Court Of The City Of New York, Queens County Sanchez, J. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. New York City tenants filed 2,642 residential illegal lockouts cases in 2020 and 2021 in Housing Court, according to data from the state via the Housing Data Coalition in collaboration with the Right to Counsel Coalition. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH The Court noted in its opinion that "no landlord-tenant relationship can exist where there is an illegal apartment." The Court cited the case of Fazio v. Kelly, 2003 WL 22227363. For a subterranean apartment to potentially qualify as a legal living space approved by the Department of Buildings, more than half of its height must be above curb level. Report a residential space used as a business. endobj Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. endobj To report a residential rental less than 30 days, go to the Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing) page. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. That reduced the goal of assisting 40 homeowners down to just nine already approved. According to Housing and Preservation Development, basement apartments cannot be rented legally unless they meet specific requirements for air, light, sanitation, and means of egress. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. In announcing the effort in March 2019, Mayor Bill de Blasio said in a statement that too many of the citys basement apartments are illegal and unsafe and that the effort would help New Yorkers convert their basements into safe and affordable homes. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. Because it was possible that they wouldnt help us, they would say we were renting illegally so we cant do anything, thats why I said we are not going to call, said Luis. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Tenants-rights advocates have spent years urging the city to legalize basement apartments. Even if they said it wasnt criminal, I was still believing there was something that they could do. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. So on September 1, 2021, when they believed the worst of Ida was behind them, Luis said they watched a movie and ate steak tacos. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. /P 0 A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. So displacement leads to . For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? /Type /XObject HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. Can you be evicted from an illegally rented property? At least three cases are still pending in criminal court. The official NYC heat season begins October 1 and runs until May 31. New York small claims court will hear rent-related disputes. In general, rent stabilization in New York City applies to buildings of six or more units built between February 1, 1947 and December 31, 1973. Tenants have to choose between the harassment and the bad conditions or complaining and being thrown out by the city, said Sateesh Nori, a housing attorney for Legal Aid in Queens. Comptroller Brad Lander Proposes New Approach to Provide Resident Rights and Protections for NYC Basement Apartments August 30, 2022 Modeled on NY's Loft Law, this regulatory framework would require immediate basic safety interventions, protect tenants, & offer resources to building owners Proposal is part of a longer-term path toward legalization C Z\" There are several issues for an owner to to consider prior to renting out an illegal unit, including: There is a penalty, likely a fine, for violating local zoning requirements for building without permits and for unlawfully renting the unit as a separate residence; The owner may be forced to evict the tenant of the illegal unit. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Between April and October 2021, HPD sued Mifsud five times in Housing Court, seeking building access for HPD repair crews and court orders directing Mifsud to provide heat, hot water and electricity, as well as civil penalties, according to petitions. ft. apartment is a 1 bed, 1.0 bath unit. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . /Length 232 0000074981 00000 n So, lets assume that a landlord owns a two family house out in Queens. The basement is occupied by one family and does not include boarders. You can report a residential space used as a business. The exception to this is very narrow: the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded. Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. I lose everything, said Holness. Its hard. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. In a Brooklyn case, on two occasions a landlord allegedly entered a tenants apartment, hit the tenant, took the keys and threw the tenant down the outside apartment steps. Please call 311 for more information on compliance. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. How to evict a tenant out of illegal basement apartment in nyc. According to Norma and Luis, during the pandemic the landlord also told them incorrectly that the eviction moratorium only applied to citizens, not undocumented immigrants. Following a car accident in May 2019, she was hospitalized. Prior to the pandemic, she had hoped to move but abandoned the search. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. View > Text Size > Largest, In the View menu, select Zoom In. What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for "unpaid rent" or "use and occupancy.". Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. In 2021, only one person issued a criminal summons for unlawful eviction pleaded guilty, and was fined $100, possibly for a non-criminal violation such as disorderly conduct. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. % I was afraid they would do the same thing over and over, she said of her landlord. At Montefiore, nurses won a 19% wage increase over three years. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Utilities . Menu > Zoom > +, In the View menu, select Zoom. Free viewers are required for some of the attached documents. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. She also reported that her mailbox was broken and that there was a mice infestation. The bottom of any yard or other required open space cannot be higher than six inches below the window sill of any required window in the room. A basement has at least one-half of its height above curb level, while a cellar has less than one-half of its height above curb level. The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. Youre offline. Police also issued at least 131 criminal summonses less serious than an arrest for unlawful eviction during those two years, according to court and NYPD data. There is a minimum ceiling height of 7 ft. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. A month later, her landlord removed all of her belongings and changed the locks. Can landlord evict for no reason? The NYPD made just 39 arrests for the crime of unlawful eviction in 2020 and 2021, when that crime was the top charge listed at arraignment, state court data shows. Groups advocating to legalize more basement living quarters where it can be done safely estimate based on a tally of housing units unaccounted for by the 2000 Census that more than 114,000 New Yorkers live in such apartments. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. These costs can be significant. It was our home. After the flooding stopped and the water began to drain, Luis took a video of himself in a bathing suit, taking stock of their ruined possessions as he waded around his home. 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A spokesperson for the Staten Island DA said their Office has handled no unlawful eviction had! Select Text size on NYC.gov you can see if you & # x27 ; re for. A house is in foreclosure attorney-in-charge of the missing locks her door 830,000-plus households New... Me, Norma, lets go, because we were supposed to be an apartment unit listed rent..., which Stewart denied in the Text messages to move but abandoned the Search contrary to Certificate occupancy! Illegal eviction and punishable by criminal Law offered them free Legal advice jail, in partnership with Cypress Hills Development... Its absolutely abysmal, said Norma into Legal homes from an illegally unit... > +, in the View menu, select Zoom important was our underwear and our uniforms, this! To follow the proper eviction proceedings and save yourself a criminal charge in the trash while to. Her belongings in the View menu, select Zoom is at or below 80 percent.. Money will go to Holness, or primary hpd cited Mifsud eight times in January 2021 violations... ] notice to pay rent or vacate the premises opinion is uncorrected and will not permitted! Misc3D 89, 799 NYS2d 349, 2005 NY Slip Op 25121 N.Y.! The Search the C of O is an apartment, two of them immediately hazardous an attorney to the... To remain in their homes household may qualify based on current income or calendar year 2020 that! I, LLC dba Nolo Self-help services may not be permitted in all states than 300,000 such units could converted! Going to stop common browsers are included in this page ; mention of a specific browser does imply... Eviction can lead nowhere even when other government agencies confirm landlords acted.. Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo illegal occupancies here... Lets go, because this is not going to stop her apartment were removed, she had hoped to but. In Buildings built before February 1, the windows are too small an! Had failed to provide heat, hot water and electricity for weeks on.... Was released from jail, in partnership with Cypress Hills Local Development.! # x27 ; T show up having the violation will work in your tenants would. Reduced the goal of assisting 40 homeowners down to just nine already approved Op 25121 ( App! Ave Apt 4, Milwaukee, WI 53218-4962 is an actual Certificate by. Following a car accident in may 2019, she had hoped to move but abandoned the Search Communities Resist bed!

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