An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . Holness eventually had to move on to an apartment elsewhere in Queens. Members and sponsors make THE CITY possible. She also reported that her mailbox was broken and that there was a mice infestation. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 0000074030 00000 n . 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. Cutting the red tape to ensure the citys basement apartments are livable is the bare minimum we should do, said Beth Finkel, the organization's state director. No defendant arrested in 2020 or 2021 has been convicted of unlawfully evicting a tenant when that charge was the top charge listed, according to the court data. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. /T 89591 He'll eventually be successful, but it will take a good amount of time and cost him a significant amount of money in fines/possible renovations. And it hurt us very much to leave our home, said Norma. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. /Linearized 1 This is a read only version of the page. Carol, 63, of Queens, lives in a homeless shelter after a Housing Court decision issued last summer determined that her previous apartment was an illegal dwelling. Work out something with the tenant about moving out, offer some money for moving expences! << The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 2022 All Rights Reserved. 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. The basement is occupied by one family and does not include boarders. The Official Website of the City of New York. << View > Text Size > Largest, In the View menu, select Zoom In. After they left their apartment, they spent two days in Corona Park before Norma called her brother in Brooklyn to ask for a place to stay, according to Norma. The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. /Resources << About 47% of criminal . The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. Attorneys may be able to work out a deal with a landlord and avoid court. Everything is dead, he said in the video, looking at his appliances. 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. SRO dwellings are specific types of dwellings that rent out single rooms. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. endobj The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. JFIF C << I own a apartment building in the Brooklyn ny, everything is up to code. To change the text size on NYC.gov you can use your web browser's settings. /Parent 18 0 R If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. 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. In New York City's public housing, two out of five households are led by someone age 62 or older. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. On April 3, the police came again to the building where Mifsud and Holness live. Over the next few days, Norma and Luis tried to negotiate a months-long pause in their rent with their landlord, so they could rebuild their lives and get repairs. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. Estimates indicate that tens of thousands to hundreds of thousands of New Yorkers live in illegal basement or cellar units, which are unregulated and potentially unsafe. << Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. 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. Eviction cases are not handled by the small claims court system. 0000058871 00000 n The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. You can report people living in commercial space. 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. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. Report a commercial space used as a residence. Know that saying, "if it sounds too good to be true, it probably is"? 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. They are often furnished and rent is usually paid weekly or monthly. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. /Names << /Dests 10 0 R>> Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. The thing is, state law constrains what they can do to make them legal.. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi Every room must have at least one window. Legalizing basements cant happen at the city level alone which is why I am grateful for Assembly member Epstein andSen. Kavanaghfor their leadership and partnership in finally creating a pathway to helping more New Yorkers access safe and legal homes, said Jessica Katz, the city's chief housing officer. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. DOB also posts Tips for Renters to help identify when an apartment is illegal. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. 1. Participants in this survey will not receive further communication from the City with regards to this survey. On 111th Street in Corona, Queens, the basement apartment where Norma and Luis lived had only one window, one entrance, no gas hookup and no lease, according to them. The room complies with the requirements of the Housing Maintenance Code for rooms not located in the cellar or basement, e.g., minimum room size. >> We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. 0000073831 00000 n A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. 0000003619 00000 n The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . The owner does not have any active housing, civil or criminal cases against them and has not been accused of a crime by a city agency. There is a minimum ceiling height of 7 ft. Eviction notices for trumped-up reasons. Illegal apartments from analteredbasement, cellar, or attic. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. 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. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. HPD did not respond to requests for comment. Prior to the pandemic, she had hoped to move but abandoned the search. 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. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. In this case, since the basement is not designed for dwelling purposes, it may not be rented. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? A basement is a story of a building partly below curb level but with at least one-half of its height above the curb level. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. A cellar is an enclosed space having more than one-half of its height below curb level. Report a residential space used as a business. . stream I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. You can report a residential space used as a business. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. At some point, though, Luis said he heard a water sound that wasnt coming from the television. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). The New York State Human Rights Law also makes it illegal for a landlord to discriminate against a tenant based on creed, age, sexual orientation, marital status, or military status. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Eviction moratorium exception ly illegal evictions are rising across the ing illegal apartments can be a nyc basement apartments d. At Your Own Risk 7 On Side Investigates Illegal Apartments Abc7 New York. Click a topic, or press the enter key on a topic, to reveal its answer. 21 0 obj Manhattan Sen. Brian Kavanagh, who chairs the Senate Housing Committee, said his top priority before the legislative session ends early next month is to pass this bill. This type of activity violates zoning regulations. Some states are very strict with landlords who rent illegal apartments to tenants. This can include illegally renting housing to guests who stay less than 30 days. Of the 11 defendants cases provided to THE CITY by the Manhattan, Brooklyn and Bronx DAs, six list unlawful eviction below charges like criminal trespassing, assault, burglary, menacing and criminal mischief. Tenants are turfed out of their homes by private landlords without any reason. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 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. Report an SRO illegally converted, overcrowded, or used as business. Many of New York's basement apartments are illegally or informally rented because they don't meet the city's complex standards for legal occupancy. 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. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. 0000075357 00000 n 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. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. trailer /Size 38 BACPP provides eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn (Community District 5) with low or no-interest, or possible forgivable, loans to convert their basement or cellar into a safe, legal, and rentable apartment, based on altered building code legislation pass in February 2019, Intro. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. /Type /Page /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. In California, while you must vacate an illegal unit once it is discovered, you may not have to pay any rent and may be entitled to a refund of part or all of the rent you have paid while you were there. City of New York. 0000000017 00000 n 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. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. 2. That reduced the goal of assisting 40 homeowners down to just nine already approved. 37 0 obj The city remains committed to the basement pilot as an important tool for unlocking more affordable housing, and are excited to move forward with nine qualifying homeowners, said House. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. /ColorSpace /DeviceRGB In some states, the information on this website may be considered a lawyer referral service. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. 0000057704 00000 n In November 2021, Judge Enedina Pilar Sanchez ordered Mifsud to pay the city in civil penalties for the dozens of days Holness was without heat and the 89 days she was without hot water, charged at $250 per day. 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. These costs can be significant. July 29, 2020. 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 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. At least three cases are still pending in criminal court. The basement is occupied by only members of the family or families occupying the dwelling. /L 90115 The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. /Type /XObject When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. New York residents are under an order by the state to remain in their homes. The City Health Commissioner Refused. NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions While thousands of tenants have filed cases claiming their landlords locked them out to defy the eviction moratorium, just a handful have been charged for the crime. 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. How to evict a tenant out of illegal basement apartment in nyc. [1] notice to pay rent or vacate the premises. 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. If your landlord . There are specific conditions under which a landlord can move a tenant out of his property: 1) If the written lease between a landlord or tenant is up, 2) If a tenant withholds rent from the landlord, or 3) If a tenant has severely violated the lease. << Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. 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. By the time Lansden had ordered Holness be let back in, another Housing Court judge, Enedina Pilar Sanchez, had ordered Mifsud to allow HPD crews in to do emergency repairs correcting the heat violation. However, if the problems could not be solved then it would become a vacate or evict. I packed to move and then COVID came. The attorney listings on this site are paid attorney advertising. 0000001094 00000 n To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. If your apartment is in the basement and the Certificate of Occupancy says that no apartments are supposed to be in the basement, the apartment may be illegal and the landlord can't collect rent, or 2. endobj That meant she had to stay away from Mifsud except when entering or leaving the building. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. 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. If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. Utilities . Now what are we going to do? asked Norma. endobj w !1AQaq"2B #3Rbr 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. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. 0000063195 00000 n An official record of violations against her landlord did not help Holness who found herself a police target instead. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. 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. Plumbing and everything works. A detainee who was attacked on Rikers Island, a former jail mental health counselor, a former commissioner, and a juvenile detention manager: All weigh in on the crisis and what can be done. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. Copyright 2023 Law Office of Richard Kistnen. I was afraid they would do the same thing over and over, she said of her landlord. Im not getting no help from the cops she added. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. /Outlines 14 0 R ft. apartment is a 1 bed, 1.0 bath unit. Holness also said that her temporary order of protection complicated things, because the police said she could be arrested for just being around her own home. They are detailed for police officers in the police patrol guide. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue(s). If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. However, this does not mean that the tenant can remain in the unit and not pay any rent - it means that the agreement as it was signed is not longer in effect. /Width 348 Get updates on important news and legislation from this Committee. Heres What to Do Next. In our example, we were using a two family residential house in Queens. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. Menu > Zoom > +, In the View menu, select Zoom. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction /Contents 23 0 R 1004. /P 0 Why Are Slashings Surging in City Jails? Instructors at Fordham University Threaten to Strike, Rising Groundwater Threatens New York City Researchers to Study How Much, Solitary at Rikers: People Go Crazy in There, LISTEN: The History of Rikers from Those Who Were There, NYC Asylum Seekers Returning to Port Authority for Help, The Future of Gas Stoves in New York: What to Know Ahead of a Ban, NYPDs Track Record on Overtime Spending Casts Doubt on Budget Claims, Fiscal Discipline: Libraries, Schools Would Absorb Cuts in Adams Preliminary Budget, Nurses End Strike, Reach Tentative Agreements with Montefiore and Mount Sinai Hospitals. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. Perhaps it is a 3 unit that is only approved to be a 2 unit building. The landlord may be able to cure the problems and the tenant would be permitted to stay. 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. /E 79901 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. I called the police, and I was so despondent. 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.". 3. Term, 2005) (emphasis added). In New York, a landlord can evict a tenant for not paying rent on time. 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. Their possessions including his food delivery scooter were destroyed. /Type /Catalog Of course the tenant loses as well because he must vacate; but the landlord must pay his relocation expenses which are assessed at an amount equal to six times the monthly rent, five days before the tenant vacates the premises. City of New York. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions } !1AQa"q2#BR$3br startxref If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. In New York City, where you can expect to pay more than $2,000 a month for even a modest one-bedroom apartment, you can find one of these unregistered rentals for less than $1,000. 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. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. You can report a past illegal residential building conversion or alteration. 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.. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. Mifsud did not respond to multiple requests for comment from THE CITY. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. The 600 sq. In New York, a basement, cellar, or attic apartment needs to be at least 7 feet high in order to be considered a living space. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Free viewers are required for some of the attached documents. Officers never believe our clients and our clients end up having to sue, when they should be immediately back in and the landlord should sue if they think they have a reason to evict somebody, said Nori. Meanwhile, city attorneys began taking legal action against Mifsud. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$JS'vn?qNY~}u0}}3*r, 9EKEi/Suc8k:w'cgwY3wC're^$DO?p7@yqN!9Dr)yofoS% A7LY04Q;';O*9'`_88~VR*D=Bxgu\;eJ2TDJ2,ZV4 V'^Lb2~nKQB[!T After spending a night in jail, she was issued a temporary order of protection by a judge. /Height 346 Stop shoveling, you are in deep enough! Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Learn if an apartment or room is illegal or unsafe. /XObject << /Im13 24 0 R >> Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Can you be evicted from an illegally rented property? Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. /Length 232 J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. Im a scavenger, and Im a person picking out from peoples garbage.. Because I was in the cold, and I was in the dark.. Details about the original use of the building, Details about the new use of the building. The city estimates there are roughly 50,000 illegal basement apartments in New York City. (a) it shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of The number of vacate orders was even higher during the same March through October period in 2019, with 156 orders issued in that period, according to HPD data. /MediaBox [0 0 612 792] Basements and cellars are very different spaces and have different legal uses. endobj I lose everything, said Holness. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. 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. But the repairs never happened, HPD court filings alleged. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . We cant ignore the fact that these illegal apartments exist, Epstein said. 23 0 obj /TrimBox [0 0 612 792] Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. /Name /Im24 0000064661 00000 n 0000064161 00000 n 0000057902 00000 n apartment in the basement was illegal. The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. So, lets assume that a landlord owns a two family house out in Queens. It also carries hefty civil penalties, too. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). 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. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 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. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream That is not a reasonable solution for a city with a housing crisis.. So here is the scenario. /ProcSet [/PDF /ImageC /Text] The City intends to use the data collected from this survey to generally add and improve City services. Its not that we left, we were kicked out, as if we were worthless, said Luis. 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. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. 0000063002 00000 n % Report past illegal conversion of a commercial space. left the program with just $91,000 for the year, LISTEN: A State of the State for an Unsettled State, How These NYC Public Housing Residents Became Models for Tenant Rights Activism, In State of the State Speech, Hochul Backs Adams Housing Agenda, Northwest Bronx Leads City in Heat Complaints, No Heat in Your NYC Apartment? 1. Illegal evictions are rising across the state, but landlords rarely face consequences . This type of activity violates zoning regulations. endobj Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. To see the original article, click on the publication's link. View more property details, sales history and Zestimate data on Zillow. Lets also not forget an important fact in our example: there is someone living in an illegal basement. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. But this time, they arrested Holness. The answer is usually pretty simple. 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. Newark has free . The citys district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges, such as assault. The tenant may be able to win in other ways. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. At Montefiore, nurses won a 19% wage increase over three years. The others were dismissed by judges or dropped by district attorneys. You can opt out at any time. It was our home. Can a Landlord Collect Rent for an Illegal Apartment? She then resided in a rehab facility for nearly a year. stream A month later, her landlord removed all of her belongings and changed the locks. You can report a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. Its hard. Perhaps it is a fire hazard or there is no inside plumbing. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. Youre offline. Long story short we have been collecting 1,200 a month on rent from a family friend. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. 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. 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. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. The BASE (Basement Apartments Safe for Everyone) campaign is a coalition of community organizations, advocates, tenants, homeowners, and community members who are organizing working-class neighborhoods and communities of color to increase the number of legally-recognized, affordable, and safe basement apartments, as well as other accessory dwelling units ("ADUs") in New York City. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. Since May, Holness hasnt been able to return to her apartment. NEW YORK -- Assemblymember Harvey Epstein, chair of the Assembly subcommittee on Retention of Homeownership and Stabilization of Affordable Housing and Senator Brian Kavanagh, chair of the Senate Committee on Housing, Construction and Community Development unveiled legislation to pave the way for the enactment of local laws legalizing basement apartments. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. View > Zoom InMacintosh Shortcut: Command+. If the property is located in Nassau County, Suffolk County, or outside of New York City, you can sue up to $5,000 in City Courts or $3,000 in Town and Village Courts. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. This can include illegally renting housing to guests who stay less than 30 days. 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"). If it was somebody white calling, I believe this would be a different case, said Holness. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Even as a pandemic eviction moratorium shields many New Yorkers, the city's housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. When he opened the backyard door, dirty water cascaded into their apartment like a waterfall, according to him and multiple photos and videos provided to THE CITY. >> A spokesperson said that generally cases are sealed because the charges were dismissed or defendants pleaded guilty to a non-criminal violation such as disorderly conduct. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. The majority of those cases were eventually dismissed, while four are still pending. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. 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. When does heat turn on in nyc apartments? In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. 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. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. Heating Regulations for the City of Yonkers. By submitting your email, you agree to our Terms and Privacy Notice. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. And changed the locks to her apartment were removed, she testified in Housing court judge found Holness had..., as if we were worthless, said Carol, who asked that her last name not be to... Up and get the latest stories from the City estimates there are roughly 50,000 illegal basement apartments across five. Scooter were destroyed illegal apartments exist, Epstein said at the City lives in meantime. State, but landlords rarely face consequences stream a month later, her landlord removed all her. They live in fear of backlash who wished to remain anonymous owed their landlord $ 200, which their ledger. Legal homes Mifsud in November 2020 and kicked her down the stairs in December rehab facility for a. Active/Current construction without a lease as they live in fear of being by... There, said Carol, who are both Black, see a racist double standard their. The first floor apartment, while four are still pending in criminal court and was... Building, details about the original article, click on the publication 's link one! Tenants were reluctant to report active/current construction without a lease as they in. Sounds too good to be a minimum of 7.5 feet high select Zoom the third time in five months officers. 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