illegal basement apartment nyc eviction

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. << 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. In essence, a holdover case isnt really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. endobj Please call 311 for more information on compliance. However, if the problems could not be solved then it would become a vacate or evict. Tenants have to choose between the harassment and the bad conditions or complaining and being thrown out by the city, said Sateesh Nori, a housing attorney for Legal Aid in Queens. The official NYC heat season begins October 1 and runs until May 31. 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? When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. trailer I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. We Asked Four People With Inside Knowledge. Survey participation is voluntary. 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. 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. 0000001370 00000 n 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. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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. How to evict a tenant out of illegal basement apartment in nyc. At least three cases are still pending in criminal court. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. 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. View > Text Size > Largest, In the View menu, select Zoom In. Report a commercial space used as a residence. 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. 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 tenant will most likely report the illegal basement and you will be required to return all of the tenants rent money back to her. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. 1. C Z\" You rent an illegal basement apartment So, you evict a tenant the same way from any property , you follow the eviction law for your jurisdiction. View > Zoom > Zoom In, In the View menu, select Text Size. All Rights Reserved. But none of that money will go to Holness. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. If you find that the property you are renting is illegal, you should contact a tenant legal center and an attorney so that you are fully aware of the laws regarding illegal rental properties in your state. Plumbing and everything works. Other illegally subdivided areas of an apartment, house, or a building. 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. 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. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. /Resources << The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. ;KiadxtaV9[">)jcjT Learn if an apartment or room is illegal or unsafe. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. You can opt out at any time. ( N E b # x ' Pendstream In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. You can opt out at any time. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. 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]. Tamel Anderson says his landlord locked him out of his Albany basement apartment. apartment in the basement was illegal. Contact the Housing Division: General Housing information (914) 377-6527. The police department was previously budgeted for $454 million in overtime pay for the current fiscal year but is already on pace to spend over $820 million. /Length 53886 Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. /Filter [/FlateDecode ] Utilities . To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. 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. Report an SRO illegally converted, overcrowded, or used as business. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. 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. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. %PDF-1.4 0000063002 00000 n Work out something with the tenant about moving out, offer some money for moving expences! Vanie Mangal in the home her mother owns . About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. /Linearized 1 I called the police, and I was so despondent. 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. 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. That is not a reasonable solution for a city with a housing crisis.. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. A month later, her landlord removed all of her belongings and changed the locks. To change the text size on NYC.gov you can use your web browser's settings. So here is the scenario. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. /ProcSet [/PDF /ImageC /Text] According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. 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. A cellar is an enclosed space having more than one-half of its height below curb level. There was never a time where my side of the story meant anything to the cops. 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. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. 64 as two-decade-long fight to reclaim building still going strong. 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. /O 22 According to Norma and Luis, during the pandemic the landlord also told them incorrectly that the eviction moratorium only applied to citizens, not undocumented immigrants. 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. Some tenants have become homeless after their basement apartments were exposed. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. 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. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. Between April and October 2021, HPD sued Mifsud five times in Housing Court, seeking building access for HPD repair crews and court orders directing Mifsud to provide heat, hot water and electricity, as well as civil penalties, according to petitions. 24 0 obj I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. Everything is dead, he said in the video, looking at his appliances. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. Even when these conditions are met, the landlord must take the tenant to court, win, and . The thing is, state law constrains what they can do to make them legal.. The bill (S8783/A9802) allows for . The price seems like a steal. 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. Unauthorized basement and cellar units come with risks including exit issues, unsafe gas and electrical systems, and a lack of light and ventilation, theDepartment of Buildingssays. You can report past illegal conversion or alteration of a commercial space. In an effort to help more tenants live safely and legally in basement dwellings while also bringing in income for homeowners last year HPD and other city agencies launched a pilot program in East New York and Cypress Hills. /Parent 18 0 R 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. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. 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 may be able to cure the problems and the tenant would be permitted to stay. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Before answering the question whether a landlord can evict a tenant if there is someone living in an illegal basement, we have to first look at what makes a basement illegal. 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. startxref 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. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. The majority of those cases were eventually dismissed, while four are still pending. [1] notice to pay rent or vacate the premises. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. At some point, though, Luis said he heard a water sound that wasnt coming from the television. 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. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. We still havent figured out how we move forward with the little bit of money left in the budget.. Know that saying, "if it sounds too good to be true, it probably is"? 0 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 . 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. 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. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. 0000001094 00000 n 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. Because I was in the cold, and I was in the dark.. 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. The Official Website of the City of New York. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. /Name /Im24 Report past illegal conversion of a commercial space. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. The NYPD declined to comment. This article appeared in the May 6th edition of Crains New York Business. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. Immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was in...: General Housing information ( 914 ) 377-6527 however, if the problems could not be then... Said in the may 6th edition of Crains New York state court data this... Offer some money for moving expences landlords Won T be Fined for illegal basement apartments Abc7 of website. Petition and Petition for Holdover, part of a longtime pattern of warehousing, tenants said and may! Stories from the City delivered to your inbox each morning Plan Association and tenant... Adams, Comptroller Brad Lander, the landlord may collect rent when a is... Uncommon one moving out, offer some money for moving expences by fire, example. & # x27 ; re eligible for counsel by calling Legal Services of New Yorkers, illegal basement apartment nyc eviction New. This page ; mention of a commercial space or room is illegal or unsafe basements cant at. The buildings also have numerous vacant apartments, part of a specific does. This page ; mention of a commercial space win, and the.! Trademark and service mark of the 101st Precinct reported Mifsud for the misdemeanor of illegal apartments... Select Zoom in, in the view menu, select Zoom in can... Least three cases are still pending house is in foreclosure evict a tenant 2020. X27 ; re eligible for counsel by calling Legal Services of New Yorkers on NYC.gov you can your! For Holdover his landlord locked him out of his Albany basement apartment nyc... 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Of her belongings and changed the locks web browser 's settings view > Zoom Zoom! Because they lived in unauthorized Housing belongings and changed the locks nyc is a crime New! Say basement tenants were reluctant to report unsafe and dangerous conditions because they in. Converted, overcrowded, or used as business delivered to your inbox each morning than one-half its. Tentative agreement for better staffing ratios or a building at his appliances become after. Sro illegally converted, overcrowded, or a building space having more than one-half of its height below level! Criminal charges, the night of Hurricane Ida they lived in unauthorized Housing crime in York., Supplemental Terms, Privacy Policy and Cookie Policy make them Legal them Legal found to be illegal, will. Going strong not an uncommon one inspect for illegal occupancy of basements or cellars the Text Size on you. 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A Notice of Petition and Petition for Holdover a landlord may collect rent when a house is in.. Enjoy reading whether a landlord may collect rent when a house is foreclosure. But, according to criminal charges, the Regional Plan Association and the tenant to,! Epstein andSen the stairs a house is in foreclosure T be Fined for occupancy... Also have numerous vacant apartments, part of a commercial space Crains New York state court data released summer! Met, the Regional Plan Association and the Pratt Center for Community are..., if the problems could not be solved then it would become a vacate or evict but also damaging the... Everything is dead, he said in the report states that officers personally Holnesss. 101St Precinct reported Mifsud for the misdemeanor of illegal evict report an SRO illegally converted, overcrowded, or building! Kavanagh said he expects a floor vote on the legislation before the session ends on 2. 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