>> If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. Eviction cases are not handled by the small claims court system. 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. After spending a night in jail, she was issued a temporary order of protection by a judge. I packed to move and then COVID came. 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. Perhaps it is a 3 unit that is only approved to be a 2 unit building. Perhaps it is, by mortgage requirements, supposed to be owner occupied. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. The official NYC heat season begins October 1 and runs until May 31. To change the text size on NYC.gov you can use your web browser's settings. 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 . endobj Menu > Zoom > +, In the View menu, select Zoom. Basements and cellars differ in their amount of height above curb level. Can a Landlord Collect Rent for an Illegal Apartment? 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. I called the police, and I was so despondent. 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. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. 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. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). By submitting your email, you agree to our Terms and Privacy Notice. Doctor Urged NYCHA Arsenic Tests After Patients Death. Now what are we going to do? asked Norma. 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. It was our home. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Every room must have at least one window. 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. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. By submitting your email, you agree to our Terms and Privacy Notice. 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. Why Are Slashings Surging in City Jails? I own a apartment building in the Brooklyn ny, everything is up to code. This can include illegally renting housing to guests who stay less than 30 days. There are several reasons that a property could be illegal to rent. HPD did not respond to requests for comment. 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. Utilities . Even as a pandemic eviction moratorium shields many New Yorkers, the city's housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. 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. << /BitsPerComponent 8 /Subtype /Image Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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. 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. That meant she had to stay away from Mifsud except when entering or leaving the building. This includes commercial space altered for residential or manufacturing purposes. Report an SRO illegally converted, overcrowded, or used as business. The apartment is in the basement or attic. 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. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. Long story short we have been collecting 1,200 a month on rent from a family friend. Because I was in the cold, and I was in the dark.. Unless the lease states otherwise, rent is due . 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. Recently we renovated the storage area in the basement put in a stove, fridge etc. /L 90115 They cant do nothing about it because its not criminal.. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue(s). Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. 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. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. Carol, 63, of Queens, lives in a homeless shelter after a Housing Court decision issued last summer determined that her previous apartment was an illegal dwelling. There is a minimum ceiling height of 7 ft. 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. View > Zoom > Zoom In, In the View menu, select Text Size. At first, the landlord seemed receptive to helping them but later changed his mind. 0000000790 00000 n $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? % You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. In New York City's public housing, two out of five households are led by someone age 62 or older. /Root 21 0 R They are often furnished and rent is usually paid weekly or monthly. Members and sponsors make THE CITY possible. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. In some states, the information on this website may be considered a lawyer referral service. 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. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. A third category of rent stabilized apartments covers buildings with three or . << Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Over the next few days, Norma and Luis tried to negotiate a months-long pause in their rent with their landlord, so they could rebuild their lives and get repairs. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? To see the original article, click on the publication's link. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. C Z\" 0000000688 00000 n Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. Its not that we left, we were kicked out, as if we were worthless, said Luis. 23 0 obj In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to 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. /Type /XObject An official record of violations against her landlord did not help Holness who found herself a police target instead. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 0000058871 00000 n 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. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Survey participation is voluntary. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. We went to get a coffee and we sat down and began to cry, because, well, it was our house. Or, perhaps the building is not registered with the city as an apartment or rental unit. 0000001370 00000 n Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. 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. 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. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. 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). 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. So here is the scenario. Youre offline. However, if the problems could not be solved then it would become a vacate or evict. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. 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. 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. You can report a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. /Length 232 /Type /Page 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. /ProcSet [/PDF /ImageC /Text] It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 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. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. 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. 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