>> Renters face immediate eviction, and landlords can receive up to $25,000 in fines. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. . #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? 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. 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. By submitting your email, you agree to our Terms and Privacy Notice. She also reported that her mailbox was broken and that there was a mice infestation. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. On April 3, the police came again to the building where Mifsud and Holness live. 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. 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. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. There was never a time where my side of the story meant anything to the cops. /Contents 23 0 R Details about the original use of the building, Details about the new use of the building. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. Vanie Mangal in the home her mother owns . %%EOF << Click a topic, or press the enter key on a topic, to reveal its answer. 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. 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. Im still staying at the shelter, trying to get permanent housing. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. 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. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In New York, a landlord can evict a tenant for not paying rent on time. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. There are several reasons that a property could be illegal to rent. If your landlord . HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. Compliance with the Housing Maintenance Code for minimum room size. But that was before COVID and cuts to local government spending. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. apartment in the basement was illegal. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions Mifsud did not respond to multiple requests for comment from THE CITY. This system is really rotten, you know, said Holness. So displacement leads to . You don't have permissions to view these records. The NYPD declined to comment. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. You can simply stop paying rent, and challenge him to evict you. 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. Basement Apartment Conversion Pilot Program (BACPP). Attorneys may be able to work out a deal with a landlord and avoid court. Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. 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. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. 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. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. /Resources << Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. After spending a night in jail, she was issued a temporary order of protection by a judge. Report a residential space used as a business. 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. /Outlines 14 0 R Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Survey participation is voluntary. 1004. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. The basement is occupied by one family and does not include boarders. Since May, Holness hasnt been able to return to her apartment. The judge directed Mifsud to provide keys. Eventually, her landlord changed the locks on her door. 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. This includes commercial space altered for residential or manufacturing purposes. The laws are different in different states. You would not be removing the kitchen for safety concerns. Its hard. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. 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. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. These costs can be significant. I was afraid they would do the same thing over and over, she said of her landlord. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. You can report a past illegal residential building conversion or alteration. Its very hard.. 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. [1] notice to pay rent or vacate the premises. 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. We still havent figured out how we move forward with the little bit of money left in the budget.. 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). The landlord has brought a holdover case to evict the second floor tenant. 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. 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. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. 0000063195 00000 n 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. Get updates on important news and legislation from this Committee. So, lets assume that a landlord owns a two family house out in Queens. 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. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. 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. xref Can a Landlord Collect Rent for an Illegal Apartment? 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 Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. Now what are we going to do? asked Norma. Why Are Slashings Surging in City Jails? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. >> 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. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. endobj Eviction moratorium exception ly illegal evictions are rising across the ing illegal apartments can be a nyc basement apartments d. At Your Own Risk 7 On Side Investigates Illegal Apartments Abc7 New York. 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. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? You will also be fined for having an illegal basement rental. 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. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. << HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 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. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. You can report a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. SRO dwellings are specific types of dwellings that rent out single rooms. When does heat turn on in nyc apartments? 1. JFIF C 24 0 obj A third category of rent stabilized apartments covers buildings with three or . The bill (S8783/A9802) allows for . The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. Heating Regulations for the City of Yonkers. /CropBox [0 0 612 792] The answer is usually pretty simple. A spokesperson for HPD, Jeremy House, told THE CITY that removing tenants from basement apartments and other illegal dwellings is done as a last resort. 1. To do so, they must first give 14 days'. 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. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . The landlord was arrested and charged, though his criminal case was dismissed. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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. 23 0 obj HPD did not respond to requests for comment. 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. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. modsquad81. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. 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. 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. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. 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. In announcing the effort in March 2019, Mayor Bill de Blasio said in a statement that too many of the citys basement apartments are illegal and unsafe and that the effort would help New Yorkers convert their basements into safe and affordable homes. 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. trailer 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. Learn if an apartment or room is illegal or unsafe. << 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. We Asked Four People With Inside Knowledge. At some point, though, Luis said he heard a water sound that wasnt coming from the television. Members and sponsors make THE CITY possible. This article appeared in the May 6th edition of Crains New York Business. >> 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. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. In November 2021, Judge Enedina Pilar Sanchez ordered Mifsud to pay the city in civil penalties for the dozens of days Holness was without heat and the 89 days she was without hot water, charged at $250 per day. You can report a residential space used as a business. In New York, a basement, cellar, or attic apartment needs to be at least 7 feet high in order to be considered a living space. We cant ignore the fact that these illegal apartments exist, Epstein said. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). 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