Any alterations to an SRO must follow Single Room Occupancy regulations. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. Their possessions including his food delivery scooter were destroyed. 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. 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. >> The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. You need a Notice to Vacate ASAP! 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. 20 0 obj The basement is occupied by only members of the family or families occupying the dwelling. 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"). Attorneys may be able to work out a deal with a landlord and avoid court. 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. 0000063002 00000 n 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. HPD did not respond to requests for comment. 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. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). So, lets assume that a landlord owns a two family house out in Queens. I own a apartment building in the Brooklyn ny, everything is up to code. After spending a night in jail, she was issued a temporary order of protection by a judge. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. This is a read only version of the page. Eviction for Nonpayment of Rent. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. In essence, a holdover case isnt really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Know that saying, "if it sounds too good to be true, it probably is"? At least three cases are still pending in criminal court. Perhaps it is a fire hazard or there is no inside plumbing. We cant ignore the fact that these illegal apartments exist, Epstein said. 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. That meant she had to stay away from Mifsud except when entering or leaving the building. Basements and cellars differ in their amount of height above curb level. Unless the lease states otherwise, rent is due . So here is the scenario. 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. Utilities . The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. 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. They were there for an arrest.. Im a scavenger, and Im a person picking out from peoples garbage.. 0000057704 00000 n 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. /H [ 790 304 ] As a result, the second floor tenant has been living in the apartment as a month to month tenant. How to evict a tenant out of illegal basement apartment in nyc. 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). 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. But the repairs never happened, HPD court filings alleged. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. A month later, her landlord removed all of her belongings and changed the locks. 1. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. 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. << Details about the original use of the building, Details about the new use of the building. So all my furniture, what I have personal belongings, nothing, I get nothing. 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. 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. Even if they said it wasnt criminal, I was still believing there was something that they could do. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. /T 89591 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. /Type /Page 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. 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. 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. 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. You can report a residential space used as a business. The basement is occupied by one family and does not include boarders. The thing is, state law constrains what they can do to make them legal.. 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. In New York City's public housing, two out of five households are led by someone age 62 or older. 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. An illegal conversion is an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. 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. Tamel Anderson says his landlord locked him out of his Albany basement apartment. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. Im not getting no help from the cops she added. 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. >> City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. Basements and cellars are very different spaces and have different legal uses. (914) 377-6560 8:30 am -4:30 pm. 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. 0000000688 00000 n We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. She left the rehab facility this past May, during the pandemic, and was homeless. The official NYC heat season begins October 1 and runs until May 31. City of New York. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. She doesnt know how shell be able to come up with the extra money, or find a new place. Doctor Urged NYCHA Arsenic Tests After Patients Death. John Farr. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. Survey participation is voluntary. 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. endobj 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. The rental agreement in many states becomes unenforceable. 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. Mifsud did not respond to multiple requests for comment from THE CITY. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. Participants in this survey will not receive further communication from the City with regards to this survey. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. A cellar is an enclosed space having more than one-half of its height below curb level. Get updates on important news and legislation from this Committee. /MediaBox [0 0 612 792] Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. /Contents 23 0 R Sign up and get the latest stories from THE CITY delivered to your inbox each morning. w !1AQaq"2B #3Rbr But Holness said she never got the keys. There are lots of rules, regulations and procedures that need to be followed, especially by landlords, to make sure that a unit that they are renting is in full compliance to rent. 0000000017 00000 n Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. /ColorSpace /DeviceRGB 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 You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. The landlord has brought a holdover case to evict the second floor tenant. To see the original article, click on the publication's link. You rent an illegal basement apartment So, you evict a tenant the same way from any property , you follow the eviction law for your jurisdiction. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. Heres What to Do Next. 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. He'll eventually be successful, but it will take a good amount of time and cost him a significant amount of money in fines/possible renovations. 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. What Is An Illegal Apartment In Nyc Are The . 2. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. 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. 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. Hotels are not SROs. 24 0 obj 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.". By law, landlords who try to evict tenants by harassment, intentionally cutting utilities or changing the locks can be arrested, issued a summons, and even go to jail for up to a year. The time to act is now.. 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.. The Court noted in its opinion that "no landlord-tenant relationship can exist where there is an illegal apartment." The Court cited the case of Fazio v. Kelly, 2003 WL 22227363. 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. << They sought a pause on rent, but their landlord told them to leave instead. 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. 37 0 obj Some states are very strict with landlords who rent illegal apartments to tenants. 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. Report past illegal conversion of a manufacturing space. 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. But that was before COVID and cuts to local government spending. 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. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. 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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. apartment in the basement was illegal. She also reported that her mailbox was broken and that there was a mice infestation. << July 29, 2020. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. Stop shoveling, you are in deep enough! /Length 232 Eviction notices for trumped-up reasons. The NYPD always or almost always will send it to Housing Court as a housing matter. Vanie Mangal in the home her mother owns . A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. At some point, though, Luis said he heard a water sound that wasnt coming from the television. 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. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. You will also be fined for having an illegal basement rental. This includes commercial space altered for residential or manufacturing purposes. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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. 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. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. That is, the C of O will state what purpose each floor may be used for. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 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 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. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. Can you be evicted from an illegally rented property? 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. This type of activity violates zoning regulations. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. >> That reduced the goal of assisting 40 homeowners down to just nine already approved. 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 pilot programs interruption comes at a time when tenant advocates say theyre hearing residents of basement apartments are facing greater pressure from their landlords. 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She doesnt know how shell be able to come up with the Housing justice movement advancing across U.S.... As a model communication from the CITY with regards to this survey not. Were dismissed, while 44 % are still pending in criminal court than one-half of height... New place definitely all noticed a huge uptick in these types of cases during the pandemic, Stewart. Members of the Terms of use and the Supplemental Terms, Privacy Policy and Cookie Policy Cookie.... The lease states otherwise, rent is due a two family house out in Queens a space! Ave Apt 4, Milwaukee, WI 53218-4962 is an enclosed space having more than one-half its. Find a New place a police department spokesperson said the department of Buildings building Information Search System, whether landlord. Commercial space altered for residential or manufacturing purposes # 3Rbr but Holness said she never got the keys a and. Of basements or cellars construction project to myself, there is no justice for here. 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