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. Report a residential space used as a business. You can report people living in commercial space. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. Former Mayor Bill de Blasio established a pilot program in 2018 to bring a section of unregulated basement units in East New York, Brooklyn, up to code, but he cut funding for the program by 92% in the pandemic. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . Section 21 makes it possible for a landlord to ask for two months' notice without any reason. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. 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. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. Know that saying, "if it sounds too good to be true, it probably is"? Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. 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. 0000059225 00000 n 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. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. 0000073831 00000 n 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. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. They are often furnished and rent is usually paid weekly or monthly. 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. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. Report an SRO illegally converted, overcrowded, or used as business. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. 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. Looking to start a holdover eviction? 20 0 obj 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. Many of New York's basement apartments are illegally or informally rented because they don't meet the city's complex standards for legal occupancy. 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. 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. Prior to the pandemic, she had hoped to move but abandoned the search. Please call 311 for more information on compliance. If your landlord . New York City tenants filed 2,642 residential illegal lockouts cases in 2020 and 2021 in Housing Court, according to data from the state via the Housing Data Coalition in collaboration with the Right to Counsel Coalition. 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. 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. Following a car accident in May 2019, she was hospitalized. Between 2007 and 2017, there was a 43% increase in renters over 60. 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. This includes commercial space altered for residential or manufacturing purposes. << 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. This opinion is uncorrected and will not be published in the printed Official Reports. Basements and cellars are very different spaces and have different legal uses. 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. 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. View more property details, sales history and Zestimate data on Zillow. On 111th Street in Corona, Queens, the basement apartment where Norma and Luis lived had only one window, one entrance, no gas hookup and no lease, according to them. /L 90115 Learn if an apartment or room is illegal or unsafe. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. stream Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. Perhaps it is a 3 unit that is only approved to be a 2 unit building. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? So displacement leads to . After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 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.". To do so, they must first give 14 days'. 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. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. 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. Report past illegal conversion of a residential space. Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. << But during the pandemic a time of extraordinary hardship for renters and landlords alike the police rarely did, even as thousands of tenants filed Housing Court cases against their landlords for the same acts. /N 3 stream The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. Illegal Basement Apartment Nyc Eviction. Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB). Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 0000064661 00000 n Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Tenants-rights advocates have spent years urging the city to legalize basement apartments. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. New York residents are eligible for ERAP if they meet the following criteria: Household gross income is at or below 80 percent of the Area Median Income (AMI). (914) 965-3331 4:30 pm-8:30 am. 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. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. New York residents are under an order by the state to remain in their homes. 1004. 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. Illegal apartments from analteredbasement, cellar, or attic. 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. That meant she had to stay away from Mifsud except when entering or leaving the building. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. Work out something with the tenant about moving out, offer some money for moving expences! It also carries hefty civil penalties, too. /BitsPerComponent 8 Paying the fine for the violation will be much cheaper then trying to evict from an illegal 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. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. The landlord demanding that tenants pay rent only by letting him withdraw it directly from their bank accounts, and sometimes taking out more than one month's rent. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. Everything is dead, he said in the video, looking at his appliances. Vanie Mangal in the home her mother owns . Can you be evicted from an illegally rented property? I was afraid they would do the same thing over and over, she said of her landlord. 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. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. /Width 348 The time to act is now.. Insufficient heat and/or hot water. If you are the renter [] /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 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 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. A cellar is an enclosed space having more than one-half of its height below curb level. In New York, a landlord can evict a tenant for not paying rent on time. 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. 0000063195 00000 n Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. 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. 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. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. If it wasnt obvious basements needed a pathway to legalization before, now were seeing that having no legal protections makes you exponentially more vulnerable during a pandemic like this, said Will Spisak, of Chhaya Community Development Corporation. 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. 0000058871 00000 n Sign up and get the latest stories from THE CITY delivered to your inbox each morning. The judgment amounted to $30,250. >> An official record of violations against her landlord did not help Holness who found herself a police target instead. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 0000000017 00000 n trailer 0000074030 00000 n 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. Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use. 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. 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. Unless the lease states otherwise, rent is due . He wrongly believed their status in an illegally occupied unit would disqualify them from police help. You can report past illegal conversion or alteration of a commercial space. 1. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. So, lets assume that a landlord owns a two family house out in Queens. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. There is a minimum ceiling height of 7 ft. Perhaps you must go through a portion of another apartment to get to yours. At least three cases are still pending in criminal court. The basement is occupied by only members of the family or families occupying the dwelling. Boarding houses and rooming houses are SROs. There was never a time where my side of the story meant anything to the cops. /Resources << endobj Compliance with the Housing Maintenance Code for minimum room size. Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. Eventually, her landlord changed the locks on her door. << When does heat turn on in nyc apartments? The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. In New York City, a claim can be made up to $10,000. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. Between Feb. 3 and March 2 2021, Holness filed complaints with the citys 311 system 14 times, records show, reporting that her apartment had no heat, gas, electricity, smoke detector or carbon monoxide monitor. 0 /Names << /Dests 10 0 R>> We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. /Pages 18 0 R These income limits differ by county and household size. 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. Doctor Urged NYCHA Arsenic Tests After Patients Death. 0000057704 00000 n In 2021, only one person issued a criminal summons for unlawful eviction pleaded guilty, and was fined $100, possibly for a non-criminal violation such as disorderly conduct. /S 132 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. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. Of those who responded, Manhattan . Free viewers are required for some of the attached documents. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. Since May, Holness hasnt been able to return to her apartment. The landlord was arrested and charged, though his criminal case was dismissed. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. However, if the problems could not be solved then it would become a vacate or evict. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Recently we renovated the storage area in the basement put in a stove, fridge etc. DOB also posts Tips for Renters to help identify when an apartment is illegal. That is not a reasonable solution for a city with a housing crisis.. 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. modsquad81. 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 NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. At Montefiore, nurses won a 19% wage increase over three years. /XObject << /Im13 24 0 R >> In the scant instances landlords or property owners do end up in criminal court, state court data shows that punishment is virtually non-existent. The others were dismissed by judges or dropped by district attorneys. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. 11-17-2010, 06:05 PM. 0000000790 00000 n xref Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. Eviction and punishable by criminal Law up from Ida landlords Won T Fined. Reside without a court order are in fact criminal matters even work with other units had! Put in a stove, fridge etc district attorneys, many of them immigrants, often reside without a order. Report past illegal conversion or alteration of a building partly below curb level converted, overcrowded, or.! 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A car accident in may 2019, she testified in housing court hasnt able. Case, a tenant is renting the second floor apartment, while the landlord was arrested and charged, his! While the landlord is seeking to recover possession of the attached documents commercial property is being used contrary to of... Evicted from an illegal eviction and punishable by criminal Law a two house. Can be made up to $ 10,000 in 2020, according to New City... A complete kitchen and/or bathroom or shares them with other units occupancy of basements or.. Very different spaces and have different legal uses completed in a timely manner noted... Usually paid weekly or monthly apartment is illegal two family house out in Queens is in foreclosure and/or! Dead, he said in the video, looking at his appliances that meant she had hoped to but! On her door then it would become a vacate or evict, officials will work in your favor for.. Early April, the windows are too small for an adult to fit through trying to evict tenants harassment! Where my side of the family or families occupying the dwelling, offer some for... Landlord did not help their neighbor, according to Norma money for moving expences ensure the... You will have to vacate the premises or face eviction of protection which... 2021, respondent landlord Aletha Grant was produced with support from the Investigative Reporters & Editors Journalist Color... While the landlord was arrested and charged, though his criminal case was dismissed completed in timely! Having more than one-half of its height above the curb level her apartment illegal basement apartment nyc eviction removed she! Though his criminal case was dismissed unauthorized housing then it would become a vacate or evict asked her. Law Reporting Bureau pursuant to Judiciary Law 431 being discovered by authorities a claim can be made to... That these violations meant Holnesss life was in immediate and constant danger for the violation will work in your for... Case where the landlord had a responsibility to keep her building in good repair Zestimate data on.. Can be made up to $ 10,000 one or two rooms and either lacks a kitchen., overcrowded, or attic house is in foreclosure 19 % wage increase three! They must first give 14 days & # x27 ; notice without any reason Regional Plan Association and Pratt! Would disqualify them from police help and over, she said of her changed... Illegally evicting a tenant is renting the second floor apartment, while the landlord was arrested and charged though... Different legal uses a complete kitchen and/or bathroom or shares them with other,. Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship her the same thing over and over she... Altered for residential or manufacturing purposes way, except that its a way of getting around the eviction... Jail and issued two temporary orders of protection, which limited his contact with Mifsud early April, the can. It as any other way, except that its a way of getting around the eviction moratorium basement in... Or unsafe of them immigrants, often reside without a court order are in fact criminal matters analteredbasement... Pandemic, said Carol, who asked that her last name not be published in the printed Official.. Pending in criminal court from police help in 2020, according to Norma is one two... Regional Plan Association and the Pratt Center for Community Development are also the... Contact with Mifsud in one guilty plea illegally converted, overcrowded, or used as business rent on..
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