All Rights Reserved. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. } !1AQa"q2#BR$3br 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. 0000003619 00000 n The NYPD declined to comment. Report past illegal conversion of a manufacturing space. Im a scavenger, and Im a person picking out from peoples garbage.. Eviction cases are not handled by the small claims court system. Unless the lease states otherwise, rent is due . Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. 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. It was our home. >> 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. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. Even when these conditions are met, the landlord must take the tenant to court, win, and . Why Are Slashings Surging in City Jails? >> View > Text Size > Largest, In the View menu, select Zoom In. 0 The price seems like a steal. Copyright 2023 Law Office of Richard Kistnen. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Free viewers are required for some of the attached documents. There was never a time where my side of the story meant anything to the cops. Even as a pandemic eviction moratorium shields many New Yorkers, the citys housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. ft. apartment is a 1 bed, 1.0 bath unit. Its not that we left, we were kicked out, as if we were worthless, said Luis. How to evict a tenant out of illegal basement apartment in nyc. Illegal conversions pose serious safety risks to tenants and to the City's first responders by creating potentially unsafe living conditions and not complying with NYC Building and Fire Codes. In California, while you must vacate an illegal unit once it is discovered, you may not have to pay any rent and may be entitled to a refund of part or all of the rent you have paid while you were there. Perhaps you must go through a portion of another apartment to get to yours. The apartment is in the basement or attic. /Width 348 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. C Z\" He still has a criminal summons case for unlawful eviction pending. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to The arrest data are revealed in a trove of criminal data New York State released in response to the 2020 George Floyd protests, to increase transparency in the criminal justice system. 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. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. 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. SRO dwellings are specific types of dwellings that rent out single rooms. << Perhaps it is a fire hazard or there is no inside plumbing. But an eviction moratorium keeps them from being kicked out. Basement Apartment Conversion Pilot Program (BACPP). Members and sponsors make THE CITY possible. 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. An official record of violations against her landlord did not help Holness who found herself a police target instead. "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 city estimates there are roughly 50,000 illegal basement apartments in New York City. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. Illegal evictions are rising across the state, but landlords rarely face consequences . 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. 0000064161 00000 n apartment in the basement was illegal. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple 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. 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. Now what are we going to do? asked Norma. The basement is occupied by one family and does not include boarders. 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. The landlord has brought a holdover case to evict the second floor tenant. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. 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. Other illegally subdivided areas of an apartment, house, or a building. 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.". He said that despite the program cuts, funding for loans remains to support the nine approved applicants. /Length 232 1. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. Since May, Holness hasnt been able to return to her apartment. 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. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 64 as two-decade-long fight to reclaim building still going strong. % Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 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 landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. BACPP provides eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn (Community District 5) with low or no-interest, or possible forgivable, loans to convert their basement or cellar into a safe, legal, and rentable apartment, based on altered building code legislation pass . Can landlord evict for no reason? The citys district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges, such as assault. 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. /E 79901 They cant do nothing about it because its not criminal.. 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. She also reported that her mailbox was broken and that there was a mice infestation. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. Re: Can tenant lock . 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.. Attorneys may be able to work out a deal with a landlord and avoid court. Participants in this survey will not receive further communication from the City with regards to this survey. You would not be removing the kitchen for safety concerns. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Following a car accident in May 2019, she was hospitalized. 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. I lose everything, said Holness. They sought a pause on rent, but their landlord told them to leave instead. 0000057704 00000 n It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. >> Basements and cellars are very different spaces and have different legal uses. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. w !1AQaq"2B #3Rbr Usually, if a cellar has any windows, the windows are too small for an adult to fit through. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. ( N E b # x ' Pendstream You can report past illegal conversion or alteration of a commercial space. 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. At some point, though, Luis said he heard a water sound that wasnt coming from the television. 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. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. Or, perhaps the building is not registered with the city as an apartment or rental unit. /Pages 18 0 R So all my furniture, what I have personal belongings, nothing, I get nothing. To do so, they must first give 14 days'. /TrimBox [0 0 612 792] 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. 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. The Council's hearing and approval process would ensure members of the Basement Board are representative of the diverse constituencies, including homeowners and tenants, impacted by its policymaking and create more accountability and transparency in the appointment process. Some states are very strict with landlords who rent illegal apartments to tenants. Report a residential space used as a business. You can opt out at any time. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. View > Zoom > Zoom In, In the View menu, select Text Size. /S 132 Since NYC has so many different kinds of buildings and tenancies, were going to use a two family house as an example in this article. You will also be fined for having an illegal basement rental. 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. 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. Even if they said it wasnt criminal, I was still believing there was something that they could do. /Prev 89579 Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Youre offline. . And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. 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? The City Health Commissioner Refused. 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. Just make sure the rest of the house is in order! 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. If you are the renter [] /Contents 23 0 R %PDF-1.4 0000063195 00000 n The time to act is now.. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. 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. In New York City, a claim can be made up to $10,000. HPD did not respond to requests for comment. /Type /Catalog I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. Report past illegal conversion of a commercial space. stream The rental agreement in many states becomes unenforceable. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Groups advocating to legalize more basement living quarters where it can be done safely estimate based on a tally of housing units unaccounted for by the 2000 Census that more than 114,000 New Yorkers live in such apartments. left the program with just $91,000 for the year, LISTEN: A State of the State for an Unsettled State, How These NYC Public Housing Residents Became Models for Tenant Rights Activism, In State of the State Speech, Hochul Backs Adams Housing Agenda, Northwest Bronx Leads City in Heat Complaints, No Heat in Your NYC Apartment? 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. You don't have permissions to view these records. Sorry, you need to enable JavaScript to visit this website. And it hurt us very much to leave our home, said Norma. A holdover case is a case where the landlord is seeking to recover possession of the unit. These income limits differ by county and household size. For a subterranean apartment to potentially qualify as a legal living space approved by the Department of Buildings, more than half of its height must be above curb level. That is not a reasonable solution for a city with a housing crisis.. /MediaBox [0 0 612 792] The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. /CropBox [0 0 612 792] 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. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? 3 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. 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. 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