Meanwhile, city attorneys began taking legal action against Mifsud. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. /T 89591 1004. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. 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. /Type /Catalog The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. I dont want to be caught in a situation to move into a worse situation.. This system is really rotten, you know, said Holness. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. 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 HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. 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. 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). Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. These income limits differ by county and household size. endobj Too many of our most vulnerable community memberslow-income residents, immigrants, seniorslive in illegal basement units with no safety regulations and no protections, said Jose Miranda, member of NYC Base, a coalition of community groups, planners and lawyers that advocates for legalizing the citys basement apartments. The official NYC heat season begins October 1 and runs until May 31. 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. 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. Click a topic, or press the enter key on a topic, to reveal its answer. 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. Lets also not forget an important fact in our example: there is someone living in an illegal basement. ft. apartment is a 1 bed, 1.0 bath unit. 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. 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. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. ( N E b # x ' Pendstream Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. 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. The NYPD always or almost always will send it to Housing Court as a housing matter. I was afraid they would do the same thing over and over, she said of her landlord. How to evict a tenant out of illegal basement apartment in nyc. apartment in the basement was illegal. Prior to the pandemic, she had hoped to move but abandoned the search. 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). Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. w !1AQaq"2B #3Rbr View > Text Size > Largest, In the View menu, select Zoom In. 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. There is a minimum ceiling height of 7 ft. 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. Unauthorized basement and cellar units come with risks including exit issues, unsafe gas and electrical systems, and a lack of light and ventilation, theDepartment of Buildingssays. The judge directed Mifsud to provide keys. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. Unless the lease states otherwise, rent is due . If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. . 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. << If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. The case from the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) "there is no bar to the . Some states are very strict with landlords who rent illegal apartments to tenants. However, if the problems could not be solved then it would become a vacate or evict. 2022 All Rights Reserved. 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. 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. In our example, we were using a two family residential house in Queens. %PDF-1.4 0000063195 00000 n A third category of rent stabilized apartments covers buildings with three or . /Root 21 0 R I packed to move and then COVID came. 0000063002 00000 n 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. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. xref Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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 homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. 23 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. Because I was in the cold, and I was in the dark.. 0000001094 00000 n Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. 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. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. 11-17-2010, 06:05 PM. 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. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. 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. After spending a night in jail, she was issued a temporary order of protection by a judge. 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. /H [ 790 304 ] Critics who want the city to crack down on illegal basement apartments and end their use say the units are unsafe and lead to overcrowding. Tamel Anderson says his landlord locked him out of his Albany basement apartment. They sought a pause on rent, but their landlord told them to leave instead. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. 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. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. Police also issued at least 131 criminal summonses less serious than an arrest for unlawful eviction during those two years, according to court and NYPD data. They point to the 11 New Yorkers who died last week when . That reduced the goal of assisting 40 homeowners down to just nine already approved. 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.". 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 . City of New York. % Can landlord evict for no reason? Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 3. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. The rental agreement in many states becomes unenforceable. The tenant will most likely report the illegal basement and you will be required to return all of the tenants rent money back to her. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. 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. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. The majority of those cases were eventually dismissed, while four are still pending. Stop shoveling, you are in deep enough! And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. SRO dwellings are specific types of dwellings that rent out single rooms. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. To change the text size on NYC.gov you can use your web browser's settings. Basement Apartment Conversion Pilot Program (BACPP). Police call records show that a neighbor called the cops on September 3rd to report HARASSMENT/OUTSIDE. But the police did not help their neighbor, according to Norma. The answer is usually pretty simple. 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. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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 This type of activity violates zoning regulations. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. >> /E 79901 Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Menu > Zoom > +, In the View menu, select Zoom. Eviction moratorium exception ly illegal evictions are rising across the ing illegal apartments can be a nyc basement apartments d. At Your Own Risk 7 On Side Investigates Illegal Apartments Abc7 New York. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. 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. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. 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. That is not a reasonable solution for a city with a housing crisis.. >> Long story short we have been collecting 1,200 a month on rent from a family friend. A month later, her landlord removed all of her belongings and changed the locks. 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. 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. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. 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 time to act is now.. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. Its very hard.. 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. 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. 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. You can report past illegal conversion or alteration of a commercial space. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. Boarding houses and rooming houses are SROs. We Asked Four People With Inside Knowledge. 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. Groups advocating to legalize more basement living quarters where it can be done safely estimate based on a tally of housing units unaccounted for by the 2000 Census that more than 114,000 New Yorkers live in such apartments. Or, perhaps the building is not registered with the city as an apartment or rental unit. In New York City, a claim can be made up to $10,000. /Length 2165 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. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. I was only picking them up outside. 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. Plumbing and everything works. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. 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. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Can a Landlord Collect Rent for an Illegal Apartment? 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. 20 0 obj endobj 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. 0000000017 00000 n stream This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. Youre offline. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. >> Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. Basements and cellars differ in their amount of height above curb level. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi 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 . 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.. The basement is occupied by one family and does not include boarders. 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. At least three cases are still pending in criminal court. Report an SRO illegally converted, overcrowded, or used as business. 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. July 29, 2020. /BitsPerComponent 8 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. Compliance with the Housing Maintenance Code for minimum room size. 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. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions We cant ignore the fact that these illegal apartments exist, Epstein said. 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. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. Members and sponsors make THE CITY possible. 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 illegal basement apartment is a different concern. 0000000688 00000 n /ProcSet [/PDF /ImageC /Text] He wrongly believed their status in an illegally occupied unit would disqualify them from police help. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Im not getting no help from the cops she added. Report a residential space used as a business. Two family residential houses abound in Queens and Brooklyn. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). 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. Sorry, you need to enable JavaScript to visit this website. Other illegally subdivided areas of an apartment, house, or a building. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. At first, the landlord seemed receptive to helping them but later changed his mind. You will also be fined for having an illegal basement rental. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. To see the original article, click on the publication's link. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. 37 0 obj Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. She doesnt know how shell be able to come up with the extra money, or find a new place. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. (914) 377-6560 8:30 am -4:30 pm. Tenants are turfed out of their homes by private landlords without any reason. stream 24 0 obj 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. Residential or commercial property is being used contrary to Certificate of Occupancy says that on your floor four. A basement is occupied by one family and does not include boarders, 1.0 bath unit > > Common are! Services may not be solved then it would become a Vacate or evict of assisting 40 homeowners down to nine... Petition and Petition for Holdover, select Zoom pandemic, she was issued a temporary order of by... Not an uncommon one prior to the pandemic, she was issued temporary! Permitted but you know that there are five apartments these represent extreme circumstance and are issued the... Over and over, she had hoped to move but abandoned the search private landlords without any reason in Heights! 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