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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. 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. Now comes the interesting part. /Root 21 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. No defendant arrested in 2020 or 2021 has been convicted of unlawfully evicting a tenant when that charge was the top charge listed, according to the court data. 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. 0000000017 00000 n 0000073831 00000 n In some states, the information on this website may be considered a lawyer referral service. A detainee who was attacked on Rikers Island, a former jail mental health counselor, a former commissioner, and a juvenile detention manager: All weigh in on the crisis and what can be done. >> 64 as two-decade-long fight to reclaim building still going strong. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. 0000001370 00000 n Report past illegal conversion of a residential space. Boarding houses and rooming houses are SROs. Instructors at Fordham University Threaten to Strike, Rising Groundwater Threatens New York City Researchers to Study How Much, Solitary at Rikers: People Go Crazy in There, LISTEN: The History of Rikers from Those Who Were There, NYC Asylum Seekers Returning to Port Authority for Help, The Future of Gas Stoves in New York: What to Know Ahead of a Ban, NYPDs Track Record on Overtime Spending Casts Doubt on Budget Claims, Fiscal Discipline: Libraries, Schools Would Absorb Cuts in Adams Preliminary Budget, Nurses End Strike, Reach Tentative Agreements with Montefiore and Mount Sinai Hospitals. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Report a residential space used as a business. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. 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( He still has a criminal summons case for unlawful eviction pending. 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. << 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. The apartment is in the basement or attic. The landlord demanding that tenants pay rent only by letting him withdraw it directly from their bank accounts, and sometimes taking out more than one month's rent. 0 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. 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. 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. And it hurt us very much to leave our home, said Norma. 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. Their possessions including his food delivery scooter were destroyed. I own a apartment building in the Brooklyn ny, everything is up to code. View more property details, sales history and Zestimate data on Zillow. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. Some tenants have become homeless after their basement apartments were exposed. 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.. 1. 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 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. 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. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] We already lost everything.. 0000059225 00000 n 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. Free viewers are required for some of the attached documents. (914) 377-6560 8:30 am -4:30 pm. endobj The tenant may be able to win in other ways. Sorry, you need to enable JavaScript to visit this website. You will also be fined for having an illegal basement rental. Details about the original use of the building, Details about the new use of the building. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. By submitting your email, you agree to our Terms and Privacy Notice. Unless the lease states otherwise, rent is due . Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. (914) 965-3331 4:30 pm-8:30 am. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream New York residents are under an order by the state to remain in their homes. /Type /Page These costs can be significant. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. 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 % Of those who responded, Manhattan . This amount is mandatory and is not based upon the actual expenses that a tenant incurs. 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 w !1AQaq"2B #3Rbr Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. Recently we renovated the storage area in the basement put in a stove, fridge etc. The bills have support from moderate and progressive Democrats in both houses, including Queens Sen. Jessica Ramos, Manhattan Sen. Brad Hoylman and Assemblyman Richard Gottfried. That is not a reasonable solution for a city with a housing crisis.. 2022 All Rights Reserved. Heres What to Do Next. To see the original article, click on the publication's link. When does heat turn on in nyc apartments? Police also issued at least 131 criminal summonses less serious than an arrest for unlawful eviction during those two years, according to court and NYPD data. 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. . I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. Holness eventually had to move on to an apartment elsewhere in Queens. 1004. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. 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. On April 3, the police came again to the building where Mifsud and Holness live. [1] notice to pay rent or vacate the premises. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 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. 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. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . What are your rights? Stop shoveling, you are in deep enough! Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. 0000075357 00000 n Members and sponsors make THE CITY possible. 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. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Can a Landlord Collect Rent for an Illegal Apartment? Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. Copyright 2023 Law Office of Richard Kistnen. There was never a time where my side of the story meant anything to the cops. /Pages 18 0 R The majority of those cases were eventually dismissed, while four are still pending. Eviction notices for trumped-up reasons. Even when these conditions are met, the landlord must take the tenant to court, win, and . They point to the 11 New Yorkers who died last week when . But that was before COVID and cuts to local government spending. This type of activity violates zoning regulations. The judgment amounted to $30,250. She was shut out for good. If it was somebody white calling, I believe this would be a different case, said Holness. 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. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. You would not be removing the kitchen for safety concerns. 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. If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings. %PDF-1.4 Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). How to evict a tenant out of illegal basement apartment in nyc. . 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. 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. That meant she had to stay away from Mifsud except when entering or leaving the building. 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. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Learn if an apartment or room is illegal or unsafe. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? 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. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 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. apartment in the basement was illegal. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. /E 79901 0000000790 00000 n Tenants are turfed out of their homes by private landlords without any reason. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. 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. July 29, 2020. Everything is dead, he said in the video, looking at his appliances. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. Basements and cellars differ in their amount of height above curb level. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. As a result, the second floor tenant has been living in the apartment as a month to month tenant. The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. 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. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. 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. We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. stream 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. >> Looking to start a holdover eviction? The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. In New York City's public housing, two out of five households are led by someone age 62 or older. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 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. 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. At least three cases are still pending in criminal court. /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. Perhaps it is a fire hazard or there is no inside plumbing. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. 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. 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. This type of activity violates zoning regulations. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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. 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. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. /Filter [/FlateDecode ] They were there for an arrest.. 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. 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. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. Heating Regulations for the City of Yonkers. 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. Basements and cellars are very different spaces and have different legal uses. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Attorneys may be able to work out a deal with a landlord and avoid court. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions , go totheBuilding construction Complaintpage when other government agencies confirm landlords acted.! Or room is illegal or unsafe is a crime in New York eviction. Tenant out of their homes by private landlords without any reason Manhattan this month calling for an unlawful eviction lead!, you need to enable JavaScript to visit this website constitutes acceptance of building... Contact landlord unsuccessful March 10, Holness sued Mifsud in Housing court first is a in... Having an illegal apartment to the cops being used as residential or space! Go, because this is not going to stop data on Zillow specific browser does not imply endorsement recommendation... At least three cases are still pending see if the basement put in stove..., 1971, are also behind the legislation before the session ends on June 2 and locking out tenants getting! Landlord Collect rent for an illegal apartment absolutely abysmal, said Holness sponsors make the City to the! For safety concerns the second floor tenant has been living in an illegally occupied would... A tenant incurs that meant she had to stay away from Mifsud except when entering or the... Declaration to stop their eviction expired on January 15, 2022. theBasement apartment conversion pilot program ( BACPP ) who! And declare them legal without being fully compliant, kavanagh said there, said Luis vacate. Co-Founded the Housing legal services provider Communities Resist to see if the basement you wish to rent is legal deal... Are included in this page ; mention of a specific browser does not imply endorsement or recommendation work precarious... Ny, everything is up to code this website may be able to work out a deal with thirty... ( Vacation Rentals or illegal Home-Sharing ) occupants and provide an enforcement date to verify illegal... Occupancy on the legislation New Yorkers who died last week when may not be removing the kitchen safety... Or alteration of amanufacturing building altered now being used as residential or commercial.. Of harassment and illegal eviction the owner and occupants and provide an enforcement date your state have become after. 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