illegal basement apartment nyc eviction

/Length 2165 You can opt out at any time. An illegal conversion is an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB. 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. Attorneys may be able to work out a deal with a landlord and avoid court. 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. When does heat turn on in nyc apartments? 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. New York State laws make it illegal for landlords to engage in any action that is intended to force tenants to leave their homes or otherwise give up their rights under law. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. 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 A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. stream 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. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. All Rights Reserved. The 600 sq. I was afraid they would do the same thing over and over, she said of her landlord. John Farr. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. 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. Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. 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. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can. Prior to the pandemic, she had hoped to move but abandoned the search. These income limits differ by county and household size. Its hard. 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. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Tenants-rights advocates have spent years urging the city to legalize basement apartments. << /Prev 89579 A month later, her landlord removed all of her belongings and changed the locks. Any alterations to an SRO must follow Single Room Occupancy regulations. Now comes the interesting part. I called the police, and I was so despondent. >> 0000057902 00000 n Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. 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. This type of activity violates zoning regulations. 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. Eventually, her landlord changed the locks on her door. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream 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. There was never a time where my side of the story meant anything to the cops. Most browsers include functionality to let you increase or decrease the text on a web page. Basements and cellars differ in their amount of height above curb level. 20 18 /L 90115 Report past illegal conversion of a commercial space. So all my furniture, what I have personal belongings, nothing, I get nothing. 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. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. endobj I lose everything, said Holness. 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. Details about the original use of the building, Details about the new use of the building. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. You can opt out at any time. During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. During the dead of winter, Holness said in an interview, she wore a diaper at night and slept in 14 layers of clothing to stay warm in her barely habitable apartment. 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. Re: Can tenant lock . There are several reasons that a property could be illegal to rent. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. 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.. 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. 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? 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. /TrimBox [0 0 612 792] Looking to start a holdover eviction? Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction You can report past illegal conversion or alteration of a commercial space. Illegal evictions are rising across the state, but landlords rarely face consequences . Even if Lynch doesn't show up having the violation will work in your favor for eviction. In the scant instances landlords or property owners do end up in criminal court, state court data shows that punishment is virtually non-existent. 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. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. 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. That meant she had to stay away from Mifsud except when entering or leaving the building. /P 0 Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. 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. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. 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. 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. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. /BitsPerComponent 8 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. 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. Learn if an apartment or room is illegal or unsafe. If you are the renter [] w !1AQaq"2B #3Rbr The case from the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) "there is no bar to the . 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. Another tenant of Mifsud, Christopher Stewart, Holnesss upstairs neighbor, was also charged with misdemeanor assault and 2nd degree harassment after he complained about conditions in his apartment. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. Unless the lease states otherwise, rent is due . 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. 0000064161 00000 n Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. trailer 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.". But an eviction moratorium keeps them from being kicked out. Participants in this survey will not receive further communication from the City with regards to this survey. 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. If your landlord . We still havent figured out how we move forward with the little bit of money left in the budget.. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. << 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 . 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. However, renting an illegal apartment comes with its own risks, including that your landlord won't have to comply with local laws relating to renting places to . To see the original article, click on the publication's link. We already lost everything.. 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. The judgment amounted to $30,250. 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. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. Lets also not forget an important fact in our example: there is someone living in an illegal basement. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. /Filter [/DCTDecode] 0000064661 00000 n Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. They are detailed for police officers in the police patrol guide. 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. Im a scavenger, and Im a person picking out from peoples garbage.. A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts . The landlord has brought a holdover case to evict the second floor tenant. 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. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. The rental agreement in many states becomes unenforceable. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. 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. Vanie Mangal in the home her mother owns . In our example, we were using a two family residential house in Queens. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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. Menu > Zoom > +, In the View menu, select Zoom. I packed to move and then COVID came. 0000059225 00000 n The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. The rental agreement in many states becomes unenforceable. An official record of violations against her landlord did not help Holness who found herself a police target instead. /Height 346 But this time, they arrested Holness. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi Perhaps there are no standard size windows in a basement or no exit in case of fire. The price seems like a steal. Its very hard.. 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. 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. 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. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. At first, the landlord seemed receptive to helping them but later changed his mind. Police call records show that a neighbor called the cops on September 3rd to report HARASSMENT/OUTSIDE. But the police did not help their neighbor, according to Norma. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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. /Subtype /Image 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. We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. Newark has free . Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. Eviction for Nonpayment of Rent. Petitioner Patricia Howard ("petitioner") commenced this illegal eviction proceeding seeking to be restored to possession of the premises 3337 Fish Avenue, Basement Apartment, Bronx, New York, and an award of treble damages pursuant to RPAPL 853. /N 3 Both HPD and DOB may inspect for illegal occupancy of basements or cellars. But that was before COVID and cuts to local government spending. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. That reduced the goal of assisting 40 homeowners down to just nine already approved. Even if they said it wasnt criminal, I was still believing there was something that they could do. 0000000790 00000 n Two family residential houses abound in Queens and Brooklyn. 0000074981 00000 n Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. You will also be fined for having an illegal basement rental. Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. << 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. . 0000057704 00000 n 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. Obviously, a legal apartment is going to command more on the rental market than an illegal one. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. Boarding houses and rooming houses are SROs. << ( N E b # x ' Pendstream In some states, the information on this website may be considered a lawyer referral service. The Official Website of the City of New York. View more property details, sales history and Zestimate data on Zillow. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. . Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. 0000075357 00000 n If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. 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 Basements and cellars are very different spaces and have different legal uses. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. endobj The landlord may be able to cure the problems and the tenant would be permitted to stay. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. /Outlines 14 0 R SRO dwellings are specific types of dwellings that rent out single rooms. 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. Eviction cases are not handled by the small claims court system. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. They are often furnished and rent is usually paid weekly or monthly. Meanwhile, city attorneys began taking legal action against Mifsud. That is not a reasonable solution for a city with a housing crisis.. Nonprofit partner organizations working on the effort, including Cypress Hills LDC and Chhaya CDC, said in an open letter signed by dozens of other housing and community development groups that the reductions left the program with just $91,000 for the year. 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. There is a minimum ceiling height of 7 ft. 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. 0000074030 00000 n According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. 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. What Is An Illegal Apartment In Nyc Are The . Copyright 2023 Law Office of Richard Kistnen. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J Work out something with the tenant about moving out, offer some money for moving expences! Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Stop shoveling, you are in deep enough! /Name /Im24 The apartment is in the basement or attic. Im still staying at the shelter, trying to get permanent housing. City of New York. Illegal Basement Apartment Nyc Eviction. 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. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. 1. ft. apartment is a 1 bed, 1.0 bath unit. JFIF C 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. This can include illegally renting housing to guests who stay less than 30 days. 1. 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 . Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. 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. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. endobj So here is the scenario. /Pages 18 0 R 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. The City intends to use the data collected from this survey to generally add and improve City services. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. /E 79901 stream Three days after HPD issued the violations which the agency posted on its website Holness called the police to report her utilities had been sporadically shut off from February 25, a police complaint report shows. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. >> The basement is occupied by one family and does not include boarders. 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]. She also reported that her mailbox was broken and that there was a mice infestation. Because I was in the cold, and I was in the dark.. She then resided in a rehab facility for nearly a year. 0000000688 00000 n Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. >> You can report a residential space used as a business. Since May, Holness hasnt been able to return to her apartment. 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. 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. And cuts to Local government spending my side of the story didnt matter, said Stewart, are! Landlord did not help their neighbor, according to criminal charges, the landlord has a. Launched a pilot program, the police, and we must act to protect from... Them but later changed his mind to provide heat, hot water and electricity for.... Not imply endorsement or recommendation say basement tenants were reluctant to report unsafe and conditions. Legal apartment is in the building hoped to move but abandoned the.... Small claims court system missing locks the arrests came after those tenants repeated... 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