Manhattan Sen. Brian Kavanagh, who chairs the Senate Housing Committee, said his top priority before the legislative session ends early next month is to pass this bill. 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. stream Because I was in the cold, and I was in the dark.. 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. 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. Too many of our most vulnerable community memberslow-income residents, immigrants, seniorslive in illegal basement units with no safety regulations and no protections, said Jose Miranda, member of NYC Base, a coalition of community groups, planners and lawyers that advocates for legalizing the citys basement apartments. 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. 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. 0000075357 00000 n 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. 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 answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. stream City of New York. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. At some point, though, Luis said he heard a water sound that wasnt coming from the television. Get updates on important news and legislation from this Committee. This opinion is uncorrected and will not be published in the printed Official Reports. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Illegal Basement Apartment Nyc Eviction. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. 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. There was never a time where my side of the story meant anything to the cops. 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. ft. apartment is a 1 bed, 1.0 bath unit. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A basement has at least one-half of its height above curb level, while a cellar has less than one-half of its height above curb level. 0000000790 00000 n There are several reasons that a property could be illegal to rent. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. 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. ;KiadxtaV9[">)jcjT These costs can be significant. 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. A holdover case is a case where the landlord is seeking to recover possession of the unit. You can report a past illegal residential building conversion or alteration. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. 22 0 obj Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. /Linearized 1 Renters face immediate eviction, and landlords can receive up to $25,000 in fines. That reduced the goal of assisting 40 homeowners down to just nine already approved. The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. The landlord has brought a holdover case to evict the second floor tenant. 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. According to Housing and Preservation Development, basement apartments cannot be rented legally unless they meet specific requirements for air, light, sanitation, and means of egress. 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. 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. Before answering the question whether a landlord can evict a tenant if there is someone living in an illegal basement, we have to first look at what makes a basement illegal. In New York, a landlord can evict a tenant for not paying rent on time. Heres What to Do Next. /L 90115 By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions To do so, they must first give 14 days'. I called the police, and I was so despondent. 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. Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. If it was somebody white calling, I believe this would be a different case, said Holness. 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. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. 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. (914) 377-6560 8:30 am -4:30 pm. modsquad81. 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. 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. 0000001094 00000 n /CropBox [0 0 612 792] Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. Sorry, you need to enable JavaScript to visit this website. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. To see the original article, click on the publication's link. 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. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? The City Health Commissioner Refused. Attorneys may be able to work out a deal with a landlord and avoid court. 0000074981 00000 n Holness called the police, and they tried and failed to open the building door, she testified, backed up with a photo of the cops trying unsuccessfully to get in. 0 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. 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. The laws are different in different states. Its not that we left, we were kicked out, as if we were worthless, said Luis. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. During this period, property owners must 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. /E 79901 0000000017 00000 n The judgment amounted to $30,250. 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. 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. /Size 38 Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. . 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. 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 rental agreement in many states becomes unenforceable. 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. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. All Rights Reserved. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. Holness eventually had to move on to an apartment elsewhere in Queens. /Names << /Dests 10 0 R>> The NYPD made just 39 arrests for the crime of unlawful eviction in 2020 and 2021, when that crime was the top charge listed at arraignment, state court data shows. 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. /Outlines 14 0 R 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. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. Hotels are not SROs. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. /Root 21 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. Other illegally subdivided areas of an apartment, house, or a building. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. They point to the 11 New Yorkers who died last week when . But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. 2022 All Rights Reserved. A cellar is an enclosed space having more than one-half of its height below curb level. 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. Nyc funded a pilot to make basement apartments safer but then it went off track looser rules on illegal housing sought the new york times city s illegally converted proved deadly in ida path cnn people trapped basements due flooding how do you know if where live is and are at risk telemundo 47 world today news tell apartment legal al eviction bringing code urban omnibus down ramps up what an tenants rights landlord greed carbon monoxide poisoning Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. By submitting your email, you agree to our Terms and Privacy Notice. Two family residential houses abound in Queens and Brooklyn. Click a topic, or press the enter key on a topic, to reveal its answer. Mifsud did not respond to multiple requests for comment from THE CITY. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. However, if the problems could not be solved then it would become a vacate or evict. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. 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. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. >> Eviction cases are not handled by the small claims court system. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. 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. apartment in the basement was illegal. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. 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? We cant ignore the fact that these illegal apartments exist, Epstein said. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. /TrimBox [0 0 612 792] They are often furnished and rent is usually paid weekly or monthly. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. 0000000688 00000 n Holness, a home health aide, saw her utilities cut and her locks changed last year in her Far Rockaway apartment, after her neighbor and landlord, Rachel Mifsud, received a foreclosure notice. She left the rehab facility this past May, during the pandemic, and was homeless. Report an SRO illegally converted, overcrowded, or used as business. At least three cases are still pending in criminal court. 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. 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. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 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. 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. 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.". A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Unless the lease states otherwise, rent is due . Legal Basement Apartments In Ontario 2022 How To Make A Legal Basement Apartment In Ontario And Quebec A Landlord S Guide To Eviction Notice Ontario Forms Are Basement Apartments Illegal In Toronto Legalprox 2022 Legal Basement Apartments In Ontario 2022 Eviction Ontario Landlords Association Legal Basement Apartments In Ontario 2022 0000063002 00000 n As later noted in an HPD lawsuit, the landlord had a responsibility to keep her building in good repair. The suit further noted that these violations meant Holnesss life was in immediate and constant danger.. She doesnt know how shell be able to come up with the extra money, or find a new place. C Z\" 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. Please call 311 for more information on compliance. You would not be removing the kitchen for safety concerns. 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"). 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. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. The apartment is in the basement or attic. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. Boarding houses and rooming houses are SROs. 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. 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. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. 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. 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. startxref 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. 1. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. That is not a reasonable solution for a city with a housing crisis.. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. JFIF C Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. Details about the original use of the building, Details about the new use of the building. Some tenants have become homeless after their basement apartments were exposed. Eventually, her landlord changed the locks on her door. /Type /Catalog You can report a residential space used as a business. We Asked Four People With Inside Knowledge. 24 0 obj That meant she had to stay away from Mifsud except when entering or leaving the building. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. Can you be evicted from an illegally rented property? However, renting an illegal apartment comes with its own risks, including that your landlord won't have to comply with local laws relating to renting places to . You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. View more property details, sales history and Zestimate data on Zillow. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. You will also be fined for having an illegal basement rental. Doctor Urged NYCHA Arsenic Tests After Patients Death. %PDF-1.4 Report a residential space used as a business. %%EOF #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. 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. We already lost everything.. But this time, they arrested Holness. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . Perhaps it is a fire hazard or there is no inside plumbing. Basements and cellars are very different spaces and have different legal uses. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz 0000058871 00000 n On March 3, inspectors from the city Department of Housing Preservation and Development cited immediately hazardous code violations and ordered Mifsud to provide electricity and heat. 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. You can opt out at any time. 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 . Members and sponsors make THE CITY possible. Even when these conditions are met, the landlord must take the tenant to court, win, and . It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 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. 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. 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. Because his case was pending in criminal court, Stewart lost a high paying job offer as an appliance mechanic, according to him and an email reviewed by THE CITY. >> 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). This type of activity violates zoning regulations. 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. stream >> Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. The tenant may be able to win in other ways. 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. 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. But an eviction moratorium keeps them from being kicked out. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. City of New York. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. >> To change the text size on NYC.gov you can use your web browser's settings. Between 2007 and 2017, there was a 43% increase in renters over 60. Survey participation is voluntary. 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. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. /Filter [/FlateDecode ] /Type /Page Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. Some states are very strict with landlords who rent illegal apartments to tenants. This includes commercial space altered for residential or manufacturing purposes.
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