illegal basement apartment nyc eviction

In New York, a landlord can evict a tenant for not paying rent on time. The bill (S8783/A9802) allows for . Compliance with the Housing Maintenance Code for minimum room size. endobj If your landlord . w !1AQaq"2B #3Rbr /L 90115 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. Because I was in the cold, and I was in the dark.. It also carries hefty civil penalties, too. Two family residential houses abound in Queens and Brooklyn. 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. Can landlord evict for no reason? Utilities . Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. 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. 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. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. 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. 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. 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? >> Work out something with the tenant about moving out, offer some money for moving expences! Report past illegal conversion of a residential space. 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). 20 0 obj But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. I packed to move and then COVID came. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. << HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. /Type /Page 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. 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. SRO dwellings are specific types of dwellings that rent out single rooms. DOB also posts Tips for Renters to help identify when an apartment is illegal. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. 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( 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. /Subtype /Image He still has a criminal summons case for unlawful eviction pending. Some states are very strict with landlords who rent illegal apartments to tenants. /Info 19 0 R Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. The illegal basement apartment is a different concern. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. 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. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. Free viewers are required for some of the attached documents. 20 18 /BitsPerComponent 8 Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. 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. It was our home. 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 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. These costs can be significant. 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. Lets also not forget an important fact in our example: there is someone living in an illegal basement. 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. << Why Are Slashings Surging in City Jails? 0000001094 00000 n << This opinion is uncorrected and will not be published in the printed Official Reports. 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. You can report past illegal conversion or alteration of a commercial space. 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. This includes commercial space altered for residential or manufacturing purposes. The basement is occupied by only members of the family or families occupying the dwelling. 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. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? In announcing the effort in March 2019, Mayor Bill de Blasio said in a statement that too many of the citys basement apartments are illegal and unsafe and that the effort would help New Yorkers convert their basements into safe and affordable homes. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. 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. Since May, Holness hasnt been able to return to her apartment. Perhaps you must go through a portion of another apartment to get to yours. 64 as two-decade-long fight to reclaim building still going strong. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. 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. Boarding houses and rooming houses are SROs. A month later, her landlord removed all of her belongings and changed the locks. Mifsud did not respond to multiple requests for comment from THE CITY. 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. 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. 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. Insufficient heat and/or hot water. 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. 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. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. /Width 348 HPD did not respond to requests for comment. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. 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. So here is the scenario. Sorry, you need to enable JavaScript to visit this website. Tenants are turfed out of their homes by private landlords without any reason. 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. When does heat turn on in nyc apartments? Report past illegal conversion of a manufacturing space. 0000000790 00000 n Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. 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. Eviction cases are not handled by the small claims court system. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. You can simply stop paying rent, and challenge him to evict you. 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 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 . But ultimately, they did not file a housing court case. /Length 232 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 . /O 22 The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. Basement Apartment Conversion Pilot Program (BACPP). There is a minimum ceiling height of 7 ft. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. But this time, they arrested Holness. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. You can report a residential space used as a business. 0000073831 00000 n 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. 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. 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. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. Attorneys may be able to work out a deal with a landlord and avoid court. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. 0000000688 00000 n ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH (a) it shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of An official record of violations against her landlord did not help Holness who found herself a police target instead. >> Its hard. JFIF C 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. So displacement leads to . 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. View more property details, sales history and Zestimate data on Zillow. Plumbing and everything works. This article appeared in the May 6th edition of Crains New York Business. 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 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. If it was somebody white calling, I believe this would be a different case, said Holness. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. You can opt out at any time. 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. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. Most browsers include functionality to let you increase or decrease the text on a web page. You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. The others were dismissed by judges or dropped by district attorneys. The judgment amounted to $30,250. 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. 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. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. Members and sponsors make THE CITY possible. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. Basements and cellars are very different spaces and have different legal uses. 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. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. You can opt out at any time. 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. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J Click a topic, or press the enter key on a topic, to reveal its answer. >> I called the police, and I was so despondent. Tamel Anderson says his landlord locked him out of his Albany basement apartment. This system is really rotten, you know, said Holness. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. 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. 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. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. 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. The laws are different in different states. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. In a July 2021 sworn affidavit in Housing Court, Holness said Mifsud had thrown her TV in the trash and that she was still missing a dining room set, three bed sets and an entertainment center. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. To see the original article, click on the publication's link. This can include illegally renting housing to guests who stay less than 30 days. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Please call 311 for more information on compliance. /P 0 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. /XObject << /Im13 24 0 R >> 0000075357 00000 n It would allow the city to grant amnesty to property owners who come forward and show they manage accessory dwelling units: underground basement spaces that have been illegally converted into apartments. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. 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. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. 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. Menu > Zoom > +, In the View menu, select Zoom. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. 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. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 23 0 obj Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. I dont want to be caught in a situation to move into a worse situation.. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction %PDF-1.4 Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Report past illegal conversion of a commercial space. Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Term, 2005) (emphasis added). The NYPD always or almost always will send it to Housing Court as a housing matter. 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. You don't have permissions to view these records. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. 2022 All Rights Reserved. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] Members and sponsors make THE CITY possible. 0000003619 00000 n If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. And it hurt us very much to leave our home, said Norma. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. Not be permitted in all states is found to be illegal, you need to JavaScript... Landlords who rent illegal apartments to tenants he called them crazy for asking a... Ensure they are safe for the misdemeanor of illegal evict in housing court with help... 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