illegal basement apartment nyc eviction

And it hurt us very much to leave our home, said Norma. Report a commercial space used as a residence. There is a minimum ceiling height of 7 ft. 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]. 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. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. 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. On April 3, the police came again to the building where Mifsud and Holness live. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Between 2007 and 2017, there was a 43% increase in renters over 60. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. The rental agreement in many states becomes unenforceable. Eviction for Nonpayment of Rent. Report past illegal conversion of a manufacturing space. City of New York. 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. One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. 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. 0000063002 00000 n Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Tenants are turfed out of their homes by private landlords without any reason. 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. Utilities . 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. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. 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. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. You can report past illegal conversion or alteration of a commercial space. It was our home. Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. Basement Apartments Safe for All had even developed specific conversion blueprints, focused on such details as waiving parking requirements, floor-area ratio and, crucially, providing owners. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. 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. 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 . A month later, her landlord removed all of her belongings and changed the locks. 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. The NYPD always or almost always will send it to Housing Court as a housing matter. Hotels are not SROs. %PDF-1.4 Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. 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. 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. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. DOB also posts Tips for Renters to help identify when an apartment is illegal. 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. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. Get updates on important news and legislation from this Committee. 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. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. 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. But none of that money will go to Holness. New York residents are under an order by the state to remain in their homes. 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. Most browsers include functionality to let you increase or decrease the text on a web page. 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. 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 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. Eviction cases are not handled by the small claims court system. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. There are several reasons that a property could be illegal to rent. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. stream Since May, Holness hasnt been able to return to her apartment. /Root 21 0 R Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. 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. As a result, the second floor tenant has been living in the apartment as a month to month tenant. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. 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. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. /P 0 Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. ft. apartment is a 1 bed, 1.0 bath unit. You can simply stop paying rent, and challenge him to evict you. 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. Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. I packed to move and then COVID came. 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. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. In some states, the information on this website may be considered a lawyer referral service. Now comes the interesting part. Im not getting no help from the cops she added. We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to << The arrest data are revealed in a trove of criminal data New York State released in response to the 2020 George Floyd protests, to increase transparency in the criminal justice system. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. endobj 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. If it was somebody white calling, I believe this would be a different case, said Holness. Can a Landlord Collect Rent for an Illegal Apartment? /Height 346 Click a topic, or press the enter key on a topic, to reveal its answer. But the repairs never happened, HPD court filings alleged. 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. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream Participants in this survey will not receive further communication from the City with regards to this survey. This system is really rotten, you know, said Holness. Illegal Basement Apartment Nyc Eviction. 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. They cant do nothing about it because its not criminal.. Stop shoveling, you are in deep enough! Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. 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( 0000073831 00000 n 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. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. Legalizing basements cant happen at the city level alone which is why I am grateful for Assembly member Epstein andSen. Kavanaghfor their leadership and partnership in finally creating a pathway to helping more New Yorkers access safe and legal homes, said Jessica Katz, the city's chief housing officer. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. 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. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. Sorry, you need to enable JavaScript to visit this website. 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. 2022 All Rights Reserved. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. We already lost everything.. 3 The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. << 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. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. At least three cases are still pending in criminal court. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. Boarding houses and rooming houses are SROs. 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. She then resided in a rehab facility for nearly a year. 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. 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. /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> 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. 11-17-2010, 06:05 PM. In New York, a landlord can evict a tenant for not paying rent on time. Report a residential space used as a business. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. The basement is occupied by only members of the family or families occupying the dwelling. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. The 600 sq. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. << This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. A third category of rent stabilized apartments covers buildings with three or . I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. You will also be fined for having an illegal basement rental. 64 as two-decade-long fight to reclaim building still going strong. 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. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). Doctor Urged NYCHA Arsenic Tests After Patients Death. 0 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. I was afraid they would do the same thing over and over, she said of her landlord. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . (914) 965-3331 4:30 pm-8:30 am. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J HPD did not respond to requests for comment. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. Re: Can tenant lock . 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 Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. To see the original article, click on the publication's link. Free viewers are required for some of the attached documents. 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. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. (914) 377-6560 8:30 am -4:30 pm. The judgment amounted to $30,250. Two family residential houses abound in Queens and Brooklyn. Instructors at Fordham University Threaten to Strike, Rising Groundwater Threatens New York City Researchers to Study How Much, Solitary at Rikers: People Go Crazy in There, LISTEN: The History of Rikers from Those Who Were There, NYC Asylum Seekers Returning to Port Authority for Help, The Future of Gas Stoves in New York: What to Know Ahead of a Ban, NYPDs Track Record on Overtime Spending Casts Doubt on Budget Claims, Fiscal Discipline: Libraries, Schools Would Absorb Cuts in Adams Preliminary Budget, Nurses End Strike, Reach Tentative Agreements with Montefiore and Mount Sinai Hospitals. 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). 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. July 29, 2020. >> 0000001370 00000 n Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. View > Text Size > Largest, In the View menu, select Zoom In. 23 0 obj The judge directed Mifsud to provide keys. Any alterations to an SRO must follow Single Room Occupancy regulations. 0000000790 00000 n The laws are different in different states. Even if they said it wasnt criminal, I was still believing there was something that they could do. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 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. Many of the arrests led to desk appearance tickets, which allow defendants to come back to court later even though the NYPD patrol guide expressly prohibits issuing the tickets for unlawful evictions. Other illegally subdivided areas of an apartment, house, or a building. That is, the C of O will state what purpose each floor may be used for. The BASE (Basement Apartments Safe for Everyone) campaign is a coalition of community organizations, advocates, tenants, homeowners, and community members who are organizing working-class neighborhoods and communities of color to increase the number of legally-recognized, affordable, and safe basement apartments, as well as other accessory dwelling units ("ADUs") in New York City. 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 . But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. /Linearized 1 /Pages 18 0 R 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 illegal basement apartment is a different concern. I lose everything, said Holness. endobj /Names << /Dests 10 0 R>> Copyright 2023 Law Office of Richard Kistnen. Members and sponsors make THE CITY possible. Even when these conditions are met, the landlord must take the tenant to court, win, and . City officials ordered an apartment vacated on Hoyt Street in Brooklyn. 20 18 New York small claims court will hear rent-related disputes. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. 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. The price seems like a steal. 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. Vanie Mangal in the home her mother owns . 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. These costs can be significant. [1] notice to pay rent or vacate the premises. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. She doesnt know how shell be able to come up with the extra money, or find a new place. Eviction notices for trumped-up reasons. A spokesperson said that generally cases are sealed because the charges were dismissed or defendants pleaded guilty to a non-criminal violation such as disorderly conduct. /Contents 23 0 R The attorney listings on this site are paid attorney advertising. 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. 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. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Compliance with the Housing Maintenance Code for minimum room size. 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. At first, the landlord seemed receptive to helping them but later changed his mind. Work out something with the tenant about moving out, offer some money for moving expences! << Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. All Rights Reserved. Just make sure the rest of the house is in order! stream Their possessions including his food delivery scooter were destroyed. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. This opinion is uncorrected and will not be published in the printed Official Reports. Some states are very strict with landlords who rent illegal apartments to tenants. We went to get a coffee and we sat down and began to cry, because, well, it was our house. 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. 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. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. 1. /ColorSpace /DeviceRGB Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. 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. 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. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. 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. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. >> Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. Lets also not forget an important fact in our example: there is someone living in an illegal basement. /O 22

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