The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. This opinion is uncorrected and will not be published in the printed Official Reports. Members and sponsors make THE CITY possible. ;KiadxtaV9[">)jcjT The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Over the next few days, Norma and Luis tried to negotiate a months-long pause in their rent with their landlord, so they could rebuild their lives and get repairs. View > Zoom InMacintosh Shortcut: Command+. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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. Basement Apartment Conversion Pilot Program (BACPP). 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. At first, the landlord seemed receptive to helping them but later changed his mind. 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. 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. Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. To change the text size on NYC.gov you can use your web browser's settings. Mifsud did not respond to multiple requests for comment from THE CITY. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Can you be evicted from an illegally rented property? There are several reasons that a property could be illegal to rent. In some states, the information on this website may be considered a lawyer referral service. Vanie Mangal in the home her mother owns . Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. /Name /Im24 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. 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 This includes commercial space altered for residential or manufacturing purposes. Report past illegal conversion of a commercial space. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. The judge directed Mifsud to provide keys. 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. 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. You don't have permissions to view these records. Menu > Zoom > +, In the View menu, select Zoom. 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. Please call 311 for more information on compliance. She left the rehab facility this past May, during the pandemic, and was homeless. 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. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. 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 article appeared in the May 6th edition of Crains New York Business. 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. DOB also posts Tips for Renters to help identify when an apartment is illegal. By submitting your email, you agree to our Terms and Privacy Notice. >> Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. To see the original article, click on the publication's link. Two family residential houses abound in Queens and Brooklyn. The thing is, state law constrains what they can do to make them legal.. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. Compliance with the Housing Maintenance Code for minimum room size. The apartment is in the basement or attic. The NYPD bears the responsibility to enforce the city and states unlawful eviction laws, as detailed in police bulletins, legal guidances and the police patrol guide. 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. In this case, since the basement is not designed for dwelling purposes, it may not be rented. Perhaps it is a fire hazard or there is no inside plumbing. Tenants-rights advocates have spent years urging the city to legalize basement apartments. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. >> 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. 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. The 600 sq. 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. 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. Everything is dead, he said in the video, looking at his appliances. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. So here is the scenario. 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. /Linearized 1 0000057704 00000 n During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. 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. 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. 0000075357 00000 n %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Acting Director Lena Afridi argued that basement apartments are a common housing option for immigrant and working-class New Yorkers and carry an important source of income for small, independent landlords. At Montefiore, nurses won a 19% wage increase over three years. Can landlord evict for no reason? If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. 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. 0000000790 00000 n 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. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. View > Zoom > Zoom In, In the View menu, select Text Size. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. That meant she had to stay away from Mifsud except when entering or leaving the building. % 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. But an eviction moratorium keeps them from being kicked out. 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. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH And it hurt us very much to leave our home, said Norma. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. 0000001094 00000 n 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. 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. 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. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. 0000064661 00000 n modsquad81. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. Following a car accident in May 2019, she was hospitalized. Their possessions including his food delivery scooter were destroyed. To do so, they must first give 14 days'. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. Sorry, you need to enable JavaScript to visit this website. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. View > Text Size > Largest, In the View menu, select Zoom In. /Prev 89579 The landlord has brought a holdover case to evict the second floor tenant. /CropBox [0 0 612 792] If your landlord . What Is An Illegal Apartment In Nyc Are The . 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. We went to get a coffee and we sat down and began to cry, because, well, it was our house. 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. This system is really rotten, you know, said Holness. "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 walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. startxref Insufficient heat and/or hot water. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 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. Free viewers are required for some of the attached documents. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. Suing her landlord in June didnt restore her to her previous home, because she was living in what the city deemed an illegal boiler room. They point to the 11 New Yorkers who died last week when . Perhaps there are no standard size windows in a basement or no exit in case of fire. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. In our example, we were using a two family residential house in Queens. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. 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. The City intends to use the data collected from this survey to generally add and improve City services. However, if the problems could not be solved then it would become a vacate or evict. 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. 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. 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. 2. 37 0 obj The time to act is now.. The landlord was arrested and charged, though his criminal case was dismissed. 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. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. She doesnt know how shell be able to come up with the extra money, or find a new place. Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. 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. Boarding houses and rooming houses are SROs. Any alterations to an SRO must follow Single Room Occupancy regulations. Between 2007 and 2017, there was a 43% increase in renters over 60. 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. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. Obviously, a legal apartment is going to command more on the rental market than an illegal one. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. 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. Now comes the interesting part. But this time, they arrested Holness. 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