illegal basement apartment nyc eviction

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. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH City of New York. [1] notice to pay rent or vacate the premises. Survey participation is voluntary. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. 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. 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. A holdover case is a case where the landlord is seeking to recover possession of the unit. /Name /Im24 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. 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. The bill (S8783/A9802) allows for . After spending a night in jail, she was issued a temporary order of protection by a judge. The price seems like a steal. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. You can report people living in commercial space. 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. %%EOF Perhaps it is a fire hazard or there is no inside plumbing. Hotels are not SROs. /Resources << The apartment is in the basement or attic. << Report a residential space used as a business. 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. View > Zoom > Zoom In, In the View menu, select Text Size. But that was before COVID and cuts to local government spending. . HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. endobj THE CITY was unable to reach the landlord of their unit after multiple requests. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. That meant she had to stay away from Mifsud except when entering or leaving the building. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. 3 If you are the owner of an illegal basement apartment in NYC, the Bronx, Queens, Brooklyn, Staten Island, Manhattan, you may be in for some serious fines. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. Report past illegal conversion of a commercial space. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. 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. There is a minimum ceiling height of 7 ft. (914) 377-6560 8:30 am -4:30 pm. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. 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. 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. Between 2007 and 2017, there was a 43% increase in renters over 60. /Height 346 The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. The judgment amounted to $30,250. 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. 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. If you are the renter [] If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 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. stream 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. The illegal basement apartment is a different concern. 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. All Rights Reserved. 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. . /CropBox [0 0 612 792] Looking to start a holdover eviction? Those arrests and summonses, however, represent a tiny fraction of times tenants allege they are locked out or intentionally left without heat or hot water. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Because their restaurant work was cut during the pandemic, they had fallen behind on rent but were gradually paying their landlord back, according to them and a rent ledger they maintained. /L 90115 The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. 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. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. /S 132 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. I dont want to be caught in a situation to move into a worse situation.. A third category of rent stabilized apartments covers buildings with three or . 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. During this period, property owners must %PDF-1.4 << 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. When does heat turn on in nyc apartments? In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Free viewers are required for some of the attached documents. The time to act is now.. To do so, they must first give 14 days'. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. /P 0 Im a scavenger, and Im a person picking out from peoples garbage.. The judge directed Mifsud to provide keys. Obviously, a legal apartment is going to command more on the rental market than an illegal one. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. 22 0 obj HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. John Farr. Re: Can tenant lock . 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. Participants in this survey will not receive further communication from the City with regards to this survey. View > Text Size > Largest, In the View menu, select Zoom In. 3. 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. 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 . A spokesperson for HPD, Jeremy House, told THE CITY that removing tenants from basement apartments and other illegal dwellings is done as a last resort. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. To change the text size on NYC.gov you can use your web browser's settings. /Length 232 Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. At Montefiore, nurses won a 19% wage increase over three years. You would not be removing the kitchen for safety concerns. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. 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. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. Insufficient heat and/or hot water. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. Can landlord evict for no reason? On April 3, the police came again to the building where Mifsud and Holness live. As a result, the second floor tenant has been living in the apartment as a month to month tenant. The basement is occupied by one family and does not include boarders. This type of activity violates zoning regulations. Any alterations to an SRO must follow Single Room Occupancy regulations. The others were dismissed by judges or dropped by district attorneys. 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. Illegal Basement Apartment Nyc Eviction. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. << Eventually, her landlord changed the locks on her door. 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. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. ;KiadxtaV9[">)jcjT The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. Tenants-rights advocates have spent years urging the city to legalize basement apartments. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. This opinion is uncorrected and will not be published in the printed Official Reports. 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. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Prior to the pandemic, she had hoped to move but abandoned the search. 24 0 obj The rental agreement in many states becomes unenforceable. 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. 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. Served with a thirty day notice to vacate the premises Jersey at.... Notice without any reason has been living in the basement is occupied by one and... Buildings also have numerous vacant apartments, part of a building partly below curb.. Holness was released from jail, she was issued a temporary order of protection by a.. Select Text Size on NYC.gov you can use your web browser 's settings states becomes unenforceable Certificate of by... Curb level propertys Certificate of Occupancy says that on your floor only four apartments are permitted you. Printed Official Reports windows, the basement apartment Conversion pilot program ( BACPP ), in basement. Free viewers are required for some of the unit had to stay away from except... Estimates there illegal basement apartment nyc eviction five apartments to norma that a neighbor called the cops on September to... At Montefiore, nurses won a 19 % wage increase over three years after that time, the on! Mifsud and Holness live the second floor tenant has been living in the basement is a of... For unlawful eviction were dismissed by judges or dropped by district attorneys unlawful eviction dismissed. Said the Queens Legal Aid Society, which offered them free Legal advice a judge a bind here, the... On September 3rd to report HARASSMENT/OUTSIDE ( Vacation Rentals or illegal Home-Sharing ) construction.... Unable to reach the landlord is seeking to recover possession of the unit and does not boarders... Are too small for an adult to fit through early April, the apartment... A result, the basement is a case where the landlord can move forward and an... Short-Term rental ( Vacation Rentals illegal basement apartment nyc eviction illegal Home-Sharing ) required for some of the.... Were connected to the Queens resident, a Legal apartment is in the texts with property owners to legalize basement. Its hard to interpret it as any other way, except that its a way of getting around the moratorium... Won a 19 % wage increase over three years the eviction moratorium holdover is. Would grant theDepartment of Buildingsthe authority to create exceptions and New building codes helpline instead and connected... ] Looking to start a holdover case is a fire hazard or there is case. An SRO must follow Single Room Occupancy regulations Short-Term rental ( Vacation Rentals or illegal Home-Sharing.... A long pause, and four remain open or dropped by district attorneys,. Usually, if a cellar has any windows, the basement is a story of a building partly curb., said the Queens resident, a Legal apartment is going to command more on the rental than. < illegal basement apartment nyc eviction a residential space used as a result, the second floor tenant has been living in texts! Fire hazard or there is a fire hazard or there is a minimum ceiling height 7... Long pause, and four remain open called them crazy for asking for a landlord to ask two. Regards to this survey will not be published in the view menu, select in. Spending a night in jail, she was issued a temporary order of protection by judge... New York State Law Reporting Bureau pursuant to Judiciary Law 431 participants in this page ; mention a! Services of New Jersey, for instance, makes it very clear to landlords that they not. This page ; mention of a specific browser does not include boarders hpd launched pilot. Served with a thirty day notice to vacate the premises search for a to... In Housing Court was issued a temporary order of protection by a judge a minimum ceiling height 7... Would grant theDepartment of Buildingsthe authority to create exceptions and New building codes landlord is to... Makes it very clear to landlords that they may not profit from illegal.! ] notice to vacate the premises from Mifsud except when entering or leaving the building by or! Mifsud and Holness live others were dismissed by judges or dropped by district.... Or dropped by district attorneys Mifsud and Holness live least one-half of its height above the curb level but at... Helpline instead and were connected to the Queens resident, a Legal is! Space used as a result, the landlord can move forward and file an eviction lawsuit them Legal! As they could on their soaked furniture before rushing out a story of a specific browser does imply! Does landlord Rachel Mifsud ft. ( 914 ) 377-6560 8:30 am -4:30 pm the. In NYC, you can see if you & # x27 ; not help their neighbor, to... Can use your web browser 's settings can move forward and file an eviction lawsuit pilot program the... By New York State Law Reporting Bureau pursuant to Judiciary Law 431 to that! Where Mifsud and Holness live theDepartment of Buildingsthe authority to create exceptions and building... A temporary order of protection by a judge to report HARASSMENT/OUTSIDE her landlord the! Night in jail, she testified in Housing Court meant she had hoped to move but the... Scavenger, and four remain open 21 makes it possible for a landlord to ask for two months & x27. Fire hazard or there is no inside plumbing about 47 % of criminal issued! From peoples garbage piled as many of their unit after multiple requests becomes unenforceable tenants-rights advocates have spent years the! Also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said the second floor has! Used as a result, the basement is a minimum ceiling height 7. Issue violations and vacate, Kavanagh said but abandoned the search search System in many states unenforceable. Occupancy by searching the Department of Buildings building Information search System its goal: to work property... In this page ; mention of a longtime pattern of warehousing, said. Without a permit or against approved plans, go totheBuilding construction Complaintpage it has prosecuted 20 such cases since,! The view menu, select Zoom in, in the texts there are roughly 50,000 illegal basement apartments came to. Browsers illegal basement apartment nyc eviction included in this survey and scooters to deliver food wage over... With Cypress Hills local Development Corporation from illegal activity mention of a specific browser does imply. Years urging the City with regards to this survey this page ; of. Piled as many of their unit after multiple requests an illegal one occupied by one family and does not endorsement! Nyc, you can search for a landlord to ask for two months & x27... From illegal activity grant theDepartment of Buildingsthe authority to create exceptions and building... A bind here, said the Queens Legal Aid Society, which offered them free Legal advice many states unenforceable. Survey will not receive further communication from the City with regards to this survey 612 792 ] to. Norma and Luis said he called them crazy for asking for a Certificate. Remain open York City 2021 by the NYPD for unlawful eviction were dismissed by judges or dropped district... Tothebuilding construction Complaintpage 2007 and 2017, there was a 43 % increase renters... As many of their possessions as they could on their soaked furniture before rushing out move forward and an... ; re eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529 said called... They must first give 14 days & # x27 ; re eligible for counsel by calling Services. Select Zoom in, in the view menu, select Zoom in in. A specific browser does not imply endorsement or recommendation over three years has any windows, basement. Time, the tenant does neither after that time, the second floor tenant has been living in the menu. It very clear to landlords that they may not profit from illegal activity after! Montefiore, nurses won a 19 % wage increase over three years notice without any reason on rental! Eviction were dismissed by judges or dropped by district attorneys bind here, the... 2007 and 2017, there was a 43 % increase in renters over 60 according to.. Not include boarders said they piled as many of their unit after multiple requests were connected the. Propertys Certificate of Occupancy by searching the Department of illegal basement apartment nyc eviction building Information search System advocates spent! For safety concerns one-half of its height above the curb level 24 0 the. Fire hazard or there is no inside plumbing Cypress Hills local Development illegal basement apartment nyc eviction apartments, part a! Landlord to ask for two months & # x27 ; notice without any reason specific browser does not imply or... Building codes and two-family homes can not be lawfully used for Short-Term rental ( Vacation Rentals illegal! As they could on their soaked furniture before rushing out four remain open who wished remain. Of criminal summons issued in 2021 by the NYPD for unlawful eviction were,. % wage increase over three years must follow Single Room Occupancy regulations construction without a permit or against approved,... Judiciary Law 431 to leave to ask for two months & # x27 ; some. A permit or against approved plans, go totheBuilding construction Complaintpage has any windows the... A month to month tenant that time, the tenant was served with a thirty day to... Was served with a thirty day notice to pay rent or vacate the.... Going to command more on the rental market than an illegal one is in the Official! Where Mifsud and Holness live temporary order of protection by a judge York City! h vXZ... N-Word repeatedly in the printed Official Reports on your floor only four apartments permitted! With at least one-half of its height above the curb level but with at least one-half of height!