Criminal summonses, meanwhile, are adjudicated by the citys Law Department. Can you be evicted from an illegally rented property? Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. Some states are very strict with landlords who rent illegal apartments to tenants. >> At least three cases are still pending in criminal court. Illegal evictions are rising across the state, but landlords rarely face consequences . The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 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. Because I was in the cold, and I was in the dark.. 2022 All Rights Reserved. On April 3, the police came again to the building where Mifsud and Holness live. 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. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. In a Brooklyn case, on two occasions a landlord allegedly entered a tenants apartment, hit the tenant, took the keys and threw the tenant down the outside apartment steps. 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. ;KiadxtaV9[">)jcjT Those arrests and summonses, however, represent a tiny fraction of times tenants allege they are locked out or intentionally left without heat or hot water. 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. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Every room must have at least one window. In general, rent stabilization in New York City applies to buildings of six or more units built between February 1, 1947 and December 31, 1973. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. >> Learn if an apartment or room is illegal or unsafe. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* /Size 38 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. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. 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. 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 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. /Pages 18 0 R 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. << 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 City Health Commissioner Refused. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. When does heat turn on in nyc apartments? 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. 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. 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. All Rights Reserved. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. If it was somebody white calling, I believe this would be a different case, said Holness. 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. << Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. 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. 0000064161 00000 n The city estimates there are roughly 50,000 illegal basement apartments in New York City. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. The laws are different in different states. Perhaps it is, by mortgage requirements, supposed to be owner occupied. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. Mifsud did not respond to multiple requests for comment from THE CITY. 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. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. 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 in February 2019, Intro. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. 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.". You need a Notice to Vacate ASAP! So here is the scenario. /TrimBox [0 0 612 792] Eventually, her landlord changed the locks on her door. endobj When an apartment is found to be illegal, you will have to vacate the premises or face eviction. This system is really rotten, you know, said Holness. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. 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. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. We still havent figured out how we move forward with the little bit of money left in the budget.. 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. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. 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. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. The police department was previously budgeted for $454 million in overtime pay for the current fiscal year but is already on pace to spend over $820 million. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. 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. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Im a scavenger, and Im a person picking out from peoples garbage.. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. John Farr. 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. 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. 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. The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. 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. 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. At first, the landlord seemed receptive to helping them but later changed his mind. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. 0000075357 00000 n /Names << /Dests 10 0 R>> So all my furniture, what I have personal belongings, nothing, I get nothing. Perhaps it is a fire hazard or there is no inside plumbing. Report a residential space used as a business. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. << The others were dismissed by judges or dropped by district attorneys. Survey participation is voluntary. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. Boarding houses and rooming houses are SROs. 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. /Contents 23 0 R /Type /XObject Illegal Basement Apartment Nyc Eviction. Click a topic, or press the enter key on a topic, to reveal its answer. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi /CropBox [0 0 612 792] /Name /Im24 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. Report past illegal conversion of a manufacturing space. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? 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. Now comes the interesting part. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. In New York City's public housing, two out of five households are led by someone age 62 or older. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 0000063195 00000 n (914) 965-3331 4:30 pm-8:30 am. HPD did not respond to requests for comment. 20 18 0000001370 00000 n Their possessions including his food delivery scooter were destroyed. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. The time to act is now.. 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. Can landlord evict for no reason? 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. 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. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. 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. Youre offline. 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. Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. So, lets assume that a landlord owns a two family house out in Queens. /Type /Page 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. apartment in the basement was illegal. 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. Vanie Mangal in the home her mother owns . 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. Why Are Slashings Surging in City Jails? 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. 23 0 obj Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. You can report a residential space used as a business. What Is An Illegal Apartment In Nyc Are The . modsquad81. /Resources << These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. (a) it shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of There was never a time where my side of the story meant anything to the cops. /Filter [/DCTDecode] I was only picking them up outside. I was afraid they would do the same thing over and over, she said of her landlord. 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. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 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. 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. 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 only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. 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. That reduced the goal of assisting 40 homeowners down to just nine already approved. 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. << /T 89591 The rental agreement in many states becomes unenforceable. 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. 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. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. /Linearized 1 0000057704 00000 n 0000001094 00000 n Report past illegal conversion of a residential space. %%EOF Can a Landlord Collect Rent for an Illegal Apartment? Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. But an eviction moratorium keeps them from being kicked out. Perhaps you must go through a portion of another apartment to get to yours. xref /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 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. Basement Apartment Conversion Pilot Program (BACPP). Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 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. 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. There are several reasons that a property could be illegal to rent. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. City of New York. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. 37 0 obj One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (C of O) for that building. 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. The bill (S8783/A9802) allows for . >> The thing is, state law constrains what they can do to make them legal.. At Montefiore, nurses won a 19% wage increase over three years. << The price seems like a steal. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. 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. (914) 377-6560 8:30 am -4:30 pm. 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). 0000057902 00000 n 20 0 obj The judgment amounted to $30,250. >> 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 Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. The City intends to use the data collected from this survey to generally add and improve City services. Looking to start a holdover eviction? 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. 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. /ColorSpace /DeviceRGB Long story short we have been collecting 1,200 a month on rent from a family friend. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Im still staying at the shelter, trying to get permanent housing. The landlord has brought a holdover case to evict the second floor tenant. 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. >> 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. /Length 232 The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts . 1. 0000064661 00000 n Including all New York City Housing Court cases where tenants alleged a disruption of services, a lack of repairs, harassment, illegal lockouts or an uninhabitable apartment, tenants filed just over 16,450 cases seeking relief over those two years. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). 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. Its hard. The apartment is in the basement or attic. Comptroller Brad Lander Proposes New Approach to Provide Resident Rights and Protections for NYC Basement Apartments August 30, 2022 Modeled on NY's Loft Law, this regulatory framework would require immediate basic safety interventions, protect tenants, & offer resources to building owners Proposal is part of a longer-term path toward legalization Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. Two family residential houses abound in Queens and Brooklyn. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. 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. Members and sponsors make THE CITY possible. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 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. To be illegal, you know, said Luis to report HARASSMENT/OUTSIDE All Reserved! 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