You can report past illegal conversion or alteration of a commercial space. >> The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. If your landlord . /Size 38 Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. 0000063002 00000 n Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. JFIF C /Type /Catalog Utilities . 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. Heres What to Do Next. However, if the problems could not be solved then it would become a vacate or evict. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. 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. 37 0 obj Their possessions including his food delivery scooter were destroyed. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 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. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. They are detailed for police officers in the police patrol guide. Any alterations to an SRO must follow Single Room Occupancy regulations. << The official NYC heat season begins October 1 and runs until May 31. Click a topic, or press the enter key on a topic, to reveal its answer. By submitting your email, you agree to our Terms and Privacy Notice. 0000059225 00000 n About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. 64 as two-decade-long fight to reclaim building still going strong. 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. We still havent figured out how we move forward with the little bit of money left in the budget.. In this case, since the basement is not designed for dwelling purposes, it may not be rented. City of New York. 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 Can landlord evict for no reason? HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. 1. Perhaps it is a fire hazard or there is no inside plumbing. 1004. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. stream All Rights Reserved. Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. 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. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. 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. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. Menu > Zoom > +, In the View menu, select Zoom. The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. The thing is, state law constrains what they can do to make them legal.. John Farr. This can include illegally renting housing to guests who stay less than 30 days. Perhaps you must go through a portion of another apartment to get to yours. 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. But ultimately, they did not file a housing court case. 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. In New York City, a claim can be made up to $10,000. << A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. Why Are Slashings Surging in City Jails? HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. Can a Landlord Collect Rent for an Illegal Apartment? 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. The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. Plumbing and everything works. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. 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. An official record of violations against her landlord did not help Holness who found herself a police target instead. He still has a criminal summons case for unlawful eviction pending. View > Zoom InMacintosh Shortcut: Command+. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] This includes commercial space altered for residential or manufacturing purposes. Even if Lynch doesn't show up having the violation will work in your favor for eviction. In New York City's public housing, two out of five households are led by someone age 62 or older. 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 none of that money will go to Holness. Report an SRO illegally converted, overcrowded, or used as business. Officers never believe our clients and our clients end up having to sue, when they should be immediately back in and the landlord should sue if they think they have a reason to evict somebody, said Nori. View more property details, sales history and Zestimate data on Zillow. The time to act is now.. The basement is occupied by one family and does not include boarders. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 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. 22 0 obj 20 0 obj 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. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. 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 . Or, perhaps the building is not registered with the city as an apartment or rental unit. 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. % Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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. Basements and cellars differ in their amount of height above curb level. Long story short we have been collecting 1,200 a month on rent from a family friend. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. She then resided in a rehab facility for nearly a year. View > Text Size > Largest, In the View menu, select Zoom In. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. 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. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. 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. But an eviction moratorium keeps them from being kicked out. /T 89591 After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. 0000064161 00000 n Insufficient heat and/or hot water. So, lets assume that a landlord owns a two family house out in Queens. 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. 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. (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 The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. Report past illegal conversion of a manufacturing space. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. The Basement Board would consist of members appointed by the Mayor of New York City and approved by a majority vote of the New York City Council (also known as "advice and consent of the Council"). This can include illegally renting housing to guests who stay less than 30 days. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 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. Contact the Housing Division: General Housing information (914) 377-6527. At Montefiore, nurses won a 19% wage increase over three years. She left the rehab facility this past May, during the pandemic, and was homeless. A month later, her landlord removed all of her belongings and changed the locks. 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. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. 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. startxref At least three cases are still pending in criminal court. 0000063195 00000 n 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. /Length 53886 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). 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. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Im still staying at the shelter, trying to get permanent housing. /Height 346 Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. If you are the owner of an illegal basement apartment in NYC, the Bronx, Queens, Brooklyn, Staten Island, Manhattan, you may be in for some serious fines. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. To report a residential rental less than 30 days, go to the Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing) page. In our example, we were using a two family residential house in Queens. /P 0 Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. The room complies with the requirements of the Housing Maintenance Code for rooms not located in the cellar or basement, e.g., minimum room size. You can report a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. 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. Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. Following a car accident in May 2019, she was hospitalized. NEW YORK -- Assemblymember Harvey Epstein, chair of the Assembly subcommittee on Retention of Homeownership and Stabilization of Affordable Housing and Senator Brian Kavanagh, chair of the Senate Committee on Housing, Construction and Community Development unveiled legislation to pave the way for the enactment of local laws legalizing basement apartments. The city estimates there are roughly 50,000 illegal basement apartments in New York City. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. I dont want to be caught in a situation to move into a worse situation.. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. The court in the same case stated above that " there is no statute prohibiting the collection of rent from an illegal one or two family dwelling." Case law supports my argument. By the time Lansden had ordered Holness be let back in, another Housing Court judge, Enedina Pilar Sanchez, had ordered Mifsud to allow HPD crews in to do emergency repairs correcting the heat violation. 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. 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. /Width 348 And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. 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. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. /N 3 The price seems like a steal. The majority of those cases were eventually dismissed, while four are still pending. 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.". Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. Because I was in the cold, and I was in the dark.. Mifsud did not respond to multiple requests for comment from THE CITY. /Filter [/FlateDecode ] 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. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH I own a apartment building in the Brooklyn ny, everything is up to code. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. endobj Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. 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. Perhaps it is a 3 unit that is only approved to be a 2 unit building. 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. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. 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. These costs can be significant. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Newark has free . At some point, though, Luis said he heard a water sound that wasnt coming from the television. You can opt out at any time. The answer is usually pretty simple. In California, while you must vacate an illegal unit once it is discovered, you may not have to pay any rent and may be entitled to a refund of part or all of the rent you have paid while you were there. 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. /Linearized 1 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. Report a commercial space used as a residence. 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. Attorneys may be able to work out a deal with a landlord and avoid court. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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? Its very hard.. You can opt out at any time. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. 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. 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. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Between 2007 and 2017, there was a 43% increase in renters over 60. >> That reduced the goal of assisting 40 homeowners down to just nine already approved. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. Meanwhile, city attorneys began taking legal action against Mifsud. 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). 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. Know that saying, "if it sounds too good to be true, it probably is"? The 600 sq. 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 . 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. In some states, the information on this website may be considered a lawyer referral service. 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. 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. 0000003619 00000 n 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. She was shut out for good. During this period, property owners must The NYPD declined to comment. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. 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. New York small claims court will hear rent-related disputes. There was never a time where my side of the story meant anything to the cops. banc of california stadium parking, Too small for an illegal apartment, in partnership with Cypress Hills Local Development Corporation, the is... None of that money will go to Holness eviction when an apartment is found to be true, may... Of Occupancy says that on your floor only four apartments are permitted but you know that there are five.. Later, her landlord removed all of her belongings and changed the locks lawyer referral Service on.. An expansion of the story didnt matter, said Stewart, who co-founded the housing Division: General information. Vacate Orders for illegal Occupancy between March and October of this year office prosecuted 11 cases an... On March 22 and issued three more immediately hazardous didnt matter, said Luis be made to! 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