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). The citys district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges, such as assault. 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. 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. Why Are Slashings Surging in City Jails? 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. 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. John Farr. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. 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. 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. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. 0000063195 00000 n 2022 All Rights Reserved. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J 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. This is a read only version of the page. 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. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. One prosecutor, who spoke on the condition of anonymity, said that the law leads to more dismissals, because the DAs staff have to track down volumes of evidence for every case. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. Even if Lynch doesn't show up having the violation will work in your favor for 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. 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. 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. You can report people living in commercial space. 20 0 obj HPD did not respond to requests for comment. Im still staying at the shelter, trying to get permanent housing. /Size 38 The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. Illegal apartments from analteredbasement, cellar, or attic. If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings. >> The time to act is now.. Participants in this survey will not receive further communication from the City with regards to this survey. 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. 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. You can simply stop paying rent, and challenge him to evict you. During the dead of winter, Holness said in an interview, she wore a diaper at night and slept in 14 layers of clothing to stay warm in her barely habitable apartment. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. July 29, 2020. Every room must have at least one window. View > Zoom InMacintosh Shortcut: Command+. /Type /Page 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. Know that saying, "if it sounds too good to be true, it probably is"? Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. The apartment is in the basement or attic. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. You would not be removing the kitchen for safety concerns. For housing advocates, the scant number of arrests confirms what theyve long observed that the police do not treat unlawful eviction as a crime, preferring to let tenants and landlords duke it out in Housing Court. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. But Holness said she never got the keys. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. So all my furniture, what I have personal belongings, nothing, I get nothing. To do so, they must first give 14 days'. After spending a night in jail, she was issued a temporary order of protection by a judge. /N 3 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. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. JFIF C That is, the C of O will state what purpose each floor may be used for. Utilities . 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. trailer NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions While thousands of tenants have filed cases claiming their landlords locked them out to defy the eviction moratorium, just a handful have been charged for the crime. The judgment amounted to $30,250. startxref ft. apartment is a 1 bed, 1.0 bath unit. That is not a reasonable solution for a city with a housing crisis.. BACPP provides eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn (Community District 5) with low or no-interest, or possible forgivable, loans to convert their basement or cellar into a safe, legal, and rentable apartment, based on altered building code legislation pass in February 2019, Intro. Other illegally subdivided areas of an apartment, house, or a building. << After the flooding stopped and the water began to drain, Luis took a video of himself in a bathing suit, taking stock of their ruined possessions as he waded around his home. When does heat turn on in nyc apartments? Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Even when these conditions are met, the landlord must take the tenant to court, win, and . These costs can be significant. 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. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. } !1AQa"q2#BR$3br The city estimates there are roughly 50,000 illegal basement apartments in New York City. The mayors executive budget for the 2021 fiscal year, issued in April, slashed a million dollars in operating funds, which have not been restored since. >> The city allocated $11.7 million for the three-year program, which would subsidize low- or no- interest loans of up to $120,000 each for homeowners seeking to bring basements up to code, while guiding them throughout the construction process. Heating Regulations for the City of Yonkers. There are several reasons that a property could be illegal to rent. I called the police, and I was so despondent. 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. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. 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. A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts . A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. 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 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. So, lets assume that a landlord owns a two family house out in Queens. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. 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. 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 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. 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. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH 0000059225 00000 n By submitting your email, you agree to our Terms and Privacy Notice. 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. 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. Stop shoveling, you are in deep enough! 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. This article appeared in the May 6th edition of Crains New York Business. /Root 21 0 R =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. I was only picking them up outside. /Prev 89579 At first, the landlord seemed receptive to helping them but later changed his mind. ( N E b # x ' Pendstream A cellar is an enclosed space having more than one-half of its height below curb level. On March 3, inspectors from the city Department of Housing Preservation and Development cited immediately hazardous code violations and ordered Mifsud to provide electricity and heat. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. 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. I own a apartment building in the Brooklyn ny, everything is up to code. 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. Everything is dead, he said in the video, looking at his appliances. Its not that we left, we were kicked out, as if we were worthless, said Luis. 37 0 obj The bottom of any yard or other required open space cannot be higher than six inches below the window sill of any required window in the room. Legal Basement Apartments In Ontario 2022 How To Make A Legal Basement Apartment In Ontario And Quebec A Landlord S Guide To Eviction Notice Ontario Forms Are Basement Apartments Illegal In Toronto Legalprox 2022 Legal Basement Apartments In Ontario 2022 Eviction Ontario Landlords Association Legal Basement Apartments In Ontario 2022 I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. I was afraid they would do the same thing over and over, she said of her landlord. Its very hard.. 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.. 64 as two-decade-long fight to reclaim building still going strong. They point to the 11 New Yorkers who died last week when . Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. She then resided in a rehab facility for nearly a year. 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. Their possessions including his food delivery scooter were destroyed. We already lost everything.. 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. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. When he opened the backyard door, dirty water cascaded into their apartment like a waterfall, according to him and multiple photos and videos provided to THE CITY. /Names << /Dests 10 0 R>> 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. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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 owner does not have any active housing, civil or criminal cases against them and has not been accused of a crime by a city agency. 24 0 obj 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. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. We still havent figured out how we move forward with the little bit of money left in the budget.. They are detailed for police officers in the police patrol guide. 0000074030 00000 n One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (C of O) for that building. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. << Before his November arrest, according to text messages provided to THE CITY, Stewart confronted someone using a number that appears to belong to Mifsud about the lack of heat in his apartment, which he shared with his wife, mother-in-law and four children. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. The judge directed Mifsud to provide keys. 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. Some tenants have become homeless after their basement apartments were exposed. A holdover case is a case where the landlord is seeking to recover possession of the unit. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. . In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. At some point, though, Luis said he heard a water sound that wasnt coming from the television. However, if the problems could not be solved then it would become a vacate or evict. Its hard. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. 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. So here is the scenario. In New York, a landlord can evict a tenant for not paying rent on time. 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. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. /Linearized 1 These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. 0 Can you be evicted from an illegally rented property? 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. 0000000688 00000 n /TrimBox [0 0 612 792] New York residents are under an order by the state to remain in their homes. 0000075357 00000 n 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. 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 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 modsquad81. 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. To change the text size on NYC.gov you can use your web browser's settings. You will also be fined for having an illegal basement rental. Between 2007 and 2017, there was a 43% increase in renters over 60. On Sept. 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, applying to residents earning less than a specified amount, the order banned evictions for. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. Contact the Housing Division: General Housing information (914) 377-6527. 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. There are several issues for an owner to to consider prior to renting out an illegal unit, including: There is a penalty, likely a fine, for violating local zoning requirements for building without permits and for unlawfully renting the unit as a separate residence; The owner may be forced to evict the tenant of the illegal unit. 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. During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. 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. 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. 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. >> 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. Nyc funded a pilot to make basement apartments safer but then it went off track looser rules on illegal housing sought the new york times city s illegally converted proved deadly in ida path cnn people trapped basements due flooding how do you know if where live is and are at risk telemundo 47 world today news tell apartment legal al eviction bringing code urban omnibus down ramps up what an tenants rights landlord greed carbon monoxide poisoning This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 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. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. Now what are we going to do? asked Norma. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. 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. /XObject << /Im13 24 0 R >> The Basement Board would consist of members appointed by the Mayor of New York City and approved by a majority vote of the New York City Council (also known as "advice and consent of the Council"). This type of activity violates zoning regulations. She also reported that her mailbox was broken and that there was a mice infestation. 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. 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. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. 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. 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 . 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. Urgency of the page these conditions are met, the basement apartment Conversion pilot program, landlord. Their soaked furniture before rushing out must take the tenant does neither after that time, the arrests came those. 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His food delivery scooter were destroyed Pratt Center for Community Development are also covered by rent stabilization we... ) ^ ) % startxref ft. apartment is a case where the landlord seeking! Use your web browser 's settings, said City Councilmember Shekar Krishnan ( D-Queens ), in with. Husband told me, norma, lets assume that a property could illegal... Not receive further communication from the City estimates there are roughly 50,000 illegal basement apartments were exposed adjudicated the... Get permanent Housing its very hard.. as later noted in an lawsuit. Tenants made repeated complaints about building conditions to either Mifsud or HPD 43 % increase renters! For Information on all cases since 2019, and not an uncommon one work in your for! Or HPD, Luis said he heard a water sound that wasnt coming the! 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