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. /Size 38 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. That reduced the goal of assisting 40 homeowners down to just nine already approved. They sought a pause on rent, but their landlord told them to leave instead. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. At Montefiore, nurses won a 19% wage increase over three years. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. /T 89591 The tenant may be able to win in other ways. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. 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 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Beginning March 20, 2020, all evictions across New York State were suspended until June 19, 2020, and the courts are not accepting any new eviction or foreclosure cases. Report past illegal conversion of a residential space. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. The basement is occupied by one family and does not include boarders. Now comes the interesting part. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. 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. At some point, though, Luis said he heard a water sound that wasnt coming from the television. >> Just make sure the rest of the house is in order! 23 0 obj View more property details, sales history and Zestimate data on Zillow. The judgment amounted to $30,250. 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. 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. 0000003619 00000 n Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. The landlord has brought a holdover case to evict the second floor tenant. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. 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.. Even as a pandemic eviction moratorium shields many New Yorkers, the citys housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. 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. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. 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. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. } !1AQa"q2#BR$3br 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. This opinion is uncorrected and will not be published in the printed Official Reports. 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. 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. There are lots of rules, regulations and procedures that need to be followed, especially by landlords, to make sure that a unit that they are renting is in full compliance to rent. That meant she had to stay away from Mifsud except when entering or leaving the building. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. 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. After spending a night in jail, she was issued a temporary order of protection by a judge. He still has a criminal summons case for unlawful eviction pending. New York residents are under an order by the state to remain in their homes. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Copyright 2023 Law Office of Richard Kistnen. You need a Notice to Vacate ASAP! 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. We Asked Four People With Inside Knowledge. You can simply stop paying rent, and challenge him to evict you. 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. /Type /Catalog Some states are very strict with landlords who rent illegal apartments to tenants. The NYPD always or almost always will send it to Housing Court as a housing matter. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. City of New York. Get updates on important news and legislation from this Committee. ft. apartment is a 1 bed, 1.0 bath unit. 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. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. You can report past illegal conversion or alteration of a commercial space. The laws are different in different states. 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. /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> 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. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 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. 1. This includes commercial space altered for residential or manufacturing purposes. An official record of violations against her landlord did not help Holness who found herself a police target instead. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. /Contents 23 0 R 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. Even if they said it wasnt criminal, I was still believing there was something that they could do. /XObject << /Im13 24 0 R >> More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. /BitsPerComponent 8 How to evict a tenant out of illegal basement apartment in nyc. What are your rights? These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. /Parent 18 0 R >> On April 3, the police came again to the building where Mifsud and Holness live. 0000058871 00000 n 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. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. << By submitting your email, you agree to our Terms and Privacy Notice. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. Of those who responded, Manhattan . Renters face immediate eviction, and landlords can receive up to $25,000 in fines. (914) 377-6560 8:30 am -4:30 pm. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. C Z\" 20 18 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The bill (S8783/A9802) allows for . /Linearized 1 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. 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. 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. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. So displacement leads to . 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. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. 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. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. >> The landlord may be able to cure the problems and the tenant would be permitted to stay. THE CITY was unable to reach the landlord of their unit after multiple requests. The pilot programs interruption comes at a time when tenant advocates say theyre hearing residents of basement apartments are facing greater pressure from their landlords. Unless the lease states otherwise, rent is due . She then resided in a rehab facility for nearly a year. >> The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . /Subtype /Image It also carries hefty civil penalties, too. 20 0 obj You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses. I own a apartment building in the Brooklyn ny, everything is up to code. Learn if an apartment or room is illegal or unsafe. 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. /Filter [/DCTDecode] The rental agreement in many states becomes unenforceable. HPD did not respond to requests for comment. Under the states multiple dwelling law, the conversion process into legal two-family homes is expensive for landlords, which has compounded the proliferation of accessory dwelling units in recent years. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. 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"). 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. Tenants-rights advocates have spent years urging the city to legalize basement apartments. 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. The official NYC heat season begins October 1 and runs until May 31. John Farr. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. 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. When does heat turn on in nyc apartments? 0000064661 00000 n Perhaps you must go through a portion of another apartment to get to yours. Can you be evicted from an illegally rented property? Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 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. stream 22 0 obj City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. 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. 0000064161 00000 n Know that saying, "if it sounds too good to be true, it probably is"? 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. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. The landlord was arrested and charged, though his criminal case was dismissed. 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 . 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. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. Its hard. But none of that money will go to Holness. Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. 0000063002 00000 n You can report people living in commercial space. (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 others were dismissed by judges or dropped by district attorneys. 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 Menu > Zoom > +, In the View menu, select Zoom. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. The attorney listings on this site are paid attorney advertising. What Is An Illegal Apartment In Nyc Are The . Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. 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. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. Click a topic, or press the enter key on a topic, to reveal its answer. 64 as two-decade-long fight to reclaim building still going strong. Eviction notices for trumped-up reasons. /P 0 In the report, Officer Christopher Sokol of the 101st Precinct reported Mifsud for the misdemeanor of ILLEGAL EVICT. The report states that officers personally observed Holnesss apartment had no heat or electricity. Contact the Housing Division: General Housing information (914) 377-6527. 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. 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. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. /Length 232 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. 2022 All Rights Reserved. << 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. Long story short we have been collecting 1,200 a month on rent from a family friend. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. Vanie Mangal in the home her mother owns . 0000073831 00000 n 37 0 obj Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. 1. But the repairs never happened, HPD court filings alleged. 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. You can report a residential space used as a business. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. 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. July 29, 2020. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. /TrimBox [0 0 612 792] The court in the same case stated above that " there is no statute prohibiting the collection of rent from an illegal one or two family dwelling." Case law supports my argument. The answer is usually pretty simple. Legal Basement Apartments In Ontario 2022 How To Make A Legal Basement Apartment In Ontario And Quebec A Landlord S Guide To Eviction Notice Ontario Forms Are Basement Apartments Illegal In Toronto Legalprox 2022 Legal Basement Apartments In Ontario 2022 Eviction Ontario Landlords Association Legal Basement Apartments In Ontario 2022 Harvey Epstein illegal basement apartment nyc eviction sponsoring a similar bill in the Brooklyn ny, everything is up code... 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