illegal basement apartment nyc eviction

Im not getting no help from the cops she added. 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. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . stream 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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. 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. You need a Notice to Vacate ASAP! This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. >> By law, landlords who try to evict tenants by harassment, intentionally cutting utilities or changing the locks can be arrested, issued a summons, and even go to jail for up to a year. 0000000017 00000 n Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. 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. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. /Parent 18 0 R Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. You will also be fined for having an illegal basement rental. Lets also not forget an important fact in our example: there is someone living in an illegal basement. 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. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. The exception to this is very narrow: the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded. Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. Even when these conditions are met, the landlord must take the tenant to court, win, and . The price seems like a steal. Two family residential houses abound in Queens and Brooklyn. The NYPD declined to comment. The city estimates there are roughly 50,000 illegal basement apartments in New York City. HPD did not respond to requests for comment. The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. << Its not that we left, we were kicked out, as if we were worthless, said Luis. >> That meant she had to stay away from Mifsud except when entering or leaving the building. Their possessions including his food delivery scooter were destroyed. 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. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. We went to get a coffee and we sat down and began to cry, because, well, it was our house. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. City of New York. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. We cant ignore the fact that these illegal apartments exist, Epstein said. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. << Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. In New York, a basement, cellar, or attic apartment needs to be at least 7 feet high in order to be considered a living space. This system is really rotten, you know, said Holness. Basements and cellars differ in their amount of height above curb level. /E 79901 Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. 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. xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$JS'vn?qNY~}u0}}3*r, 9EKEi/Suc8k:w'cgwY3wC're^$DO?p7@yqN!9Dr)yofoS% A7LY04Q;';O*9'`_88~VR*D=Bxgu\;eJ2TDJ2,ZV4 V'^Lb2~nKQB[!T Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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. Eviction for Nonpayment of Rent. It was our home. But Holness said she never got the keys. 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. Report past illegal conversion of a residential space. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. Or, perhaps the building is not registered with the city as an apartment or rental unit. Why Are Slashings Surging in City Jails? 22 0 obj We Asked Four People With Inside Knowledge. endobj City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. After spending a night in jail, she was issued a temporary order of protection by a judge. How to evict a tenant out of illegal basement apartment in nyc. The time to act is now.. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. 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. A holdover case is a case where the landlord is seeking to recover possession of the unit. 0000063002 00000 n Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. 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. 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. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 21 0 obj endobj When does heat turn on in nyc apartments? The landlord has brought a holdover case to evict the second floor tenant. Compliance with the Housing Maintenance Code for minimum room size. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. Insufficient heat and/or hot water. But the repairs never happened, HPD court filings alleged. Even if they said it wasnt criminal, I was still believing there was something that they could do. 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. (914) 965-3331 4:30 pm-8:30 am. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Report past illegal conversion of a manufacturing space. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. To report a residential rental less than 30 days, go to the Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing) page. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. View > Zoom InMacintosh Shortcut: Command+. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* Because I was in the cold, and I was in the dark.. 23 0 obj Know that saying, "if it sounds too good to be true, it probably is"? 0000057902 00000 n One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? >> 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. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. 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 Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. . That is not a reasonable solution for a city with a housing crisis.. Youre offline. 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. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Doctor Urged NYCHA Arsenic Tests After Patients Death. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. 0000001094 00000 n On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. Its very hard.. 0000064661 00000 n %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Members and sponsors make THE CITY possible. Eviction cases are not handled by the small claims court system. 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. The NYPD always or almost always will send it to Housing Court as a housing matter. The rental agreement in many states becomes unenforceable. 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. 0000059225 00000 n 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. 0000074030 00000 n Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. /MediaBox [0 0 612 792] The tenant may be able to win in other ways. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. Details about the original use of the building, Details about the new use of the building. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. . The laws are different in different states. 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. The basement is occupied by only members of the family or families occupying the dwelling. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. I own a apartment building in the Brooklyn ny, everything is up to code. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J On April 3, the police came again to the building where Mifsud and Holness live. This article appeared in the May 6th edition of Crains New York Business. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. Holness, a home health aide, saw her utilities cut and her locks changed last year in her Far Rockaway apartment, after her neighbor and landlord, Rachel Mifsud, received a foreclosure notice. 0000074981 00000 n << The Council's hearing and approval process would ensure members of the Basement Board are representative of the diverse constituencies, including homeowners and tenants, impacted by its policymaking and create more accountability and transparency in the appointment process. He still has a criminal summons case for unlawful eviction pending. Its hard. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for unpaid rent or use and occupancy. If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. /N 3 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. /Filter [/DCTDecode] Unless the lease states otherwise, rent is due . The 600 sq. View > Zoom > Zoom In, In the View menu, select Text Size. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? New York small claims court will hear rent-related disputes. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. 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. Mifsud did not respond to multiple requests for comment from THE CITY. She was shut out for good. /ColorSpace /DeviceRGB Im a scavenger, and Im a person picking out from peoples garbage.. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. What Is An Illegal Apartment In Nyc Are The . A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. There are several reasons that a property could be illegal to rent. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. 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. But that was before COVID and cuts to local government spending. The apartment is in the basement or attic. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. 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. The landlord may be able to cure the problems and the tenant would be permitted to stay. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. 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. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. By submitting your email, you agree to our Terms and Privacy Notice. As a result, the second floor tenant has been living in the apartment as a month to month tenant. 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. To see the original article, click on the publication's link. 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). I dont want to be caught in a situation to move into a worse situation.. /Length 53886 The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. 3 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. A cellar is an enclosed space having more than one-half of its height below curb level. endobj Newark has free . But ultimately, they did not file a housing court case. 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. 0000063195 00000 n In New York City's public housing, two out of five households are led by someone age 62 or older. The attorney listings on this site are paid attorney advertising. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. C Z\" Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. 0000058871 00000 n THE CITY was unable to reach the landlord of their unit after multiple requests. 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. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. (914) 377-6560 8:30 am -4:30 pm. 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. /T 89591 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. John Farr. The judge directed Mifsud to provide keys. Now what are we going to do? asked Norma. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. Long story short we have been collecting 1,200 a month on rent from a family friend. The NYPD bears the responsibility to enforce the city and states unlawful eviction laws, as detailed in police bulletins, legal guidances and the police patrol guide. This can include illegally renting housing to guests who stay less than 30 days. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. 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. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. If your landlord . The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. 11-17-2010, 06:05 PM. In New York City, where you can expect to pay more than $2,000 a month for even a modest one-bedroom apartment, you can find one of these unregistered rentals for less than $1,000. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. /Filter [/FlateDecode ] In this case, since the basement is not designed for dwelling purposes, it may not be rented. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Basements and cellars are very different spaces and have different legal uses. /Height 346 All Rights Reserved. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. The city remains committed to the basement pilot as an important tool for unlocking more affordable housing, and are excited to move forward with nine qualifying homeowners, said House. Those arrests and summonses, however, represent a tiny fraction of times tenants allege they are locked out or intentionally left without heat or hot water. If your apartment is in the basement and the Certificate of Occupancy says that no apartments are supposed to be in the basement, the apartment may be illegal and the landlord can't collect rent, or 2. My husband told me, Norma, lets go, because this is not going to stop. So all we did was get a black bag, a black garbage bag and pick up some important papers and what we could find, said Norma. >> The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). Holness also said that her temporary order of protection complicated things, because the police said she could be arrested for just being around her own home. The pilot programs interruption comes at a time when tenant advocates say theyre hearing residents of basement apartments are facing greater pressure from their landlords. After they left their apartment, they spent two days in Corona Park before Norma called her brother in Brooklyn to ask for a place to stay, according to Norma. It also carries hefty civil penalties, too. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. July 29, 2020. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. 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. The majority of those cases were eventually dismissed, while four are still pending. 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. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. Other illegally subdivided areas of an apartment, house, or a building. 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 . 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. Perhaps it is a 3 unit that is only approved to be a 2 unit building. Holness called the police, and they tried and failed to open the building door, she testified, backed up with a photo of the cops trying unsuccessfully to get in. Of those who responded, Manhattan . 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 . We still havent figured out how we move forward with the little bit of money left in the budget.. DOB also posts Tips for Renters to help identify when an apartment is illegal. 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. But an eviction moratorium keeps them from being kicked out. Perhaps it is, by mortgage requirements, supposed to be owner occupied. 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. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. Holness eventually had to move on to an apartment elsewhere in Queens. 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. 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 So displacement leads to . And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. At some point, though, Luis said he heard a water sound that wasnt coming from the television. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity.

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