For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. 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. JFIF C /Info 19 0 R You can opt out at any time. /ColorSpace /DeviceRGB What are your rights? If you find that the property you are renting is illegal, you should contact a tenant legal center and an attorney so that you are fully aware of the laws regarding illegal rental properties in your state. Utilities . A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Of those who responded, Manhattan . You can opt out at any time. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. 0000058871 00000 n 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). 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. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. 0000074981 00000 n /Length 232 The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. 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. On April 3, the police came again to the building where Mifsud and Holness live. 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. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. There are several reasons that a property could be illegal to rent. endobj 24 0 obj The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. In an effort to help more tenants live safely and legally in basement dwellings while also bringing in income for homeowners last year HPD and other city agencies launched a pilot program in East New York and Cypress Hills. Copyright 2023 Law Office of Richard Kistnen. 20 0 obj Most browsers include functionality to let you increase or decrease the text on a web page. John Farr. 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. I was only picking them up outside. The answer is usually pretty simple. A cellar is an enclosed space having more than one-half of its height below curb level. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 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. /L 90115 >> About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. The notice mentioned that they received a complaint about "illegal conditions" which means someone ratted me out.I did purchase a gas stove for the basement (illegal, but I can have someone remove it temporarily), a small refrigerator and installed a kitchen sink. /CropBox [0 0 612 792] Report a commercial space used as a residence. They were there for an arrest.. Im still staying at the shelter, trying to get permanent housing. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. But an eviction moratorium keeps them from being kicked out. 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. Beginning March 20, 2020, all evictions across New York State were suspended until June 19, 2020, and the courts are not accepting any new eviction or foreclosure cases. 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. You will also be fined for having an illegal basement rental. << In this case, since the basement is not designed for dwelling purposes, it may not be rented. Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J startxref But ultimately, they did not file a housing court case. The 600 sq. 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. 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. Nonprofit partner organizations working on the effort, including Cypress Hills LDC and Chhaya CDC, said in an open letter signed by dozens of other housing and community development groups that the reductions left the program with just $91,000 for the year. w !1AQaq"2B #3Rbr These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. 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). /Type /Page 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. Youre offline. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. /Linearized 1 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. But none of that money will go to Holness. /Names << /Dests 10 0 R>> Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. 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. 1004. 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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. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. 0000003619 00000 n 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. %%EOF 2022 All Rights Reserved. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. An illegal conversion is an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB. The bill (S8783/A9802) allows for . (914) 377-6560 8:30 am -4:30 pm. So displacement leads to . At first, the landlord seemed receptive to helping them but later changed his mind. /S 132 According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. endobj >> 0000000688 00000 n C Z\" O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. 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. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. Recently we renovated the storage area in the basement put in a stove, fridge etc. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. 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. /Name /Im24 He still has a criminal summons case for unlawful eviction pending. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. There are specific conditions under which a landlord can move a tenant out of his property: 1) If the written lease between a landlord or tenant is up, 2) If a tenant withholds rent from the landlord, or 3) If a tenant has severely violated the lease. The laws are different in different states. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. That meant she had to stay away from Mifsud except when entering or leaving the building. To change the text size on NYC.gov you can use your web browser's settings. She doesnt know how shell be able to come up with the extra money, or find a new place. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. Heating Regulations for the City of Yonkers. 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. So on September 1, 2021, when they believed the worst of Ida was behind them, Luis said they watched a movie and ate steak tacos. 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. 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. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Illegal evictions are rising across the state, but landlords rarely face consequences . This includes commercial space altered for residential or manufacturing purposes. 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. To see the original article, click on the publication's link. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. modsquad81. You can report a past illegal residential building conversion or alteration. Sorry, you need to enable JavaScript to visit this website. The City intends to use the data collected from this survey to generally add and improve City services. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. 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. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Following a car accident in May 2019, she was hospitalized. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. << The landlord was arrested and charged, though his criminal case was dismissed. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. Because I was in the cold, and I was in the dark.. The landlord may be able to cure the problems and the tenant would be permitted to stay. You need a Notice to Vacate ASAP! Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 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 thing is, state law constrains what they can do to make them legal.. 0000075357 00000 n But this time, they arrested Holness. /Filter [/DCTDecode] With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. 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. >> A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. Doctor Urged NYCHA Arsenic Tests After Patients Death. 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. New York City tenants filed 2,642 residential illegal lockouts cases in 2020 and 2021 in Housing Court, according to data from the state via the Housing Data Coalition in collaboration with the Right to Counsel Coalition. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? Now what are we going to do? asked Norma. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. Hotels are not SROs. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. 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. 0000064161 00000 n I was afraid they would do the same thing over and over, she said of her landlord. The Pratt Center for Community Development, a community planning organization within thePratt Institute, has been advocating for the legalization of accessory dwelling units for 15 years. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Long story short we have been collecting 1,200 a month on rent from a family friend. 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. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. 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. Some tenants have become homeless after their basement apartments were exposed. They cant do nothing about it because its not criminal.. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. Illegal conversions pose serious safety risks to tenants and to the City's first responders by creating potentially unsafe living conditions and not complying with NYC Building and Fire Codes. Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . 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. Legislators say these apartments could be housing up to 100,000 people across the five boroughs and their unsafe conditions have put tenants at risk of death. Participants in this survey will not receive further communication from the City with regards to this survey. 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 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. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. Report an SRO illegally converted, overcrowded, or used as business. Its very hard.. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). After spending a night in jail, she was issued a temporary order of protection by a judge. Holness eventually had to move on to an apartment elsewhere in Queens. 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 . $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? 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. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. At some point, though, Luis said he heard a water sound that wasnt coming from the television. 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. 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. 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. I packed to move and then COVID came. There was never a time where my side of the story meant anything to the cops. Everything is dead, he said in the video, looking at his appliances. Just make sure the rest of the house is in order! Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. Can you be evicted from an illegally rented property? That is, the C of O will state what purpose each floor may be used for. Basement Apartment Conversion Pilot Program (BACPP). 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. View > Text Size > Largest, In the View menu, select Zoom In. 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. 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. There is a minimum ceiling height of 7 ft. Because it was possible that they wouldnt help us, they would say we were renting illegally so we cant do anything, thats why I said we are not going to call, said Luis. Know that saying, "if it sounds too good to be true, it probably is"? For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 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. 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. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You can simply stop paying rent, and challenge him to evict you. Tamel Anderson says his landlord locked him out of his Albany basement apartment. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. Boarding houses and rooming houses are SROs. /N 3 The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. trailer Free viewers are required for some of the attached documents. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. Suing her landlord in June didnt restore her to her previous home, because she was living in what the city deemed an illegal boiler room. According to Norma and Luis, during the pandemic the landlord also told them incorrectly that the eviction moratorium only applied to citizens, not undocumented immigrants. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. 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. They point to the 11 New Yorkers who died last week when . He said that despite the program cuts, funding for loans remains to support the nine approved applicants. What Is An Illegal Apartment In Nyc Are The . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. left the program with just $91,000 for the year, 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, Northwest Bronx Leads City in Heat Complaints, No Heat in Your NYC Apartment? Thinking to myself, there is no justice for people here that are Black, Holness said dba Nolo services! Temporary orders of protection by a judge for people here that are Black, Holness said S. City 14b... I didnt want to waste my time talking to a tenant in a family. While the landlord was arrested and charged, though his criminal case was.... Mh Sub I, LLC dba Nolo Self-help services may not be rented may,!, LLC dba Nolo Self-help services may not be permitted in all.! 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