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. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. 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. 0000074030 00000 n To do so, they must first give 14 days'. If you are the renter [] New York City tenants filed 2,642 residential illegal lockouts cases in 2020 and 2021 in Housing Court, according to data from the state via the Housing Data Coalition in collaboration with the Right to Counsel Coalition. The tenant will most likely report the illegal basement and you will be required to return all of the tenants rent money back to her. View > Text Size > Largest, In the View menu, select Zoom In. She also reported that her mailbox was broken and that there was a mice infestation. Any alterations to an SRO must follow Single Room Occupancy regulations. 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). Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. Menu > Zoom > +, In the View menu, select Zoom. Before his November arrest, according to text messages provided to THE CITY, Stewart confronted someone using a number that appears to belong to Mifsud about the lack of heat in his apartment, which he shared with his wife, mother-in-law and four children. The rental agreement in many states becomes unenforceable. That is, the C of O will state what purpose each floor may be used for. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. The illegal basement apartment is a different concern. Basements in one- and two-family homes can be lawfully occupied only if the following conditions are met: Basements in a one-family home can be lawfully rented only if the following conditions are met: Basements in a two-family home cannot be lawfully rented: Cellars in one- and two-family homes can never be lawfully rented. 37 0 obj /Root 21 0 R The number of vacate orders was even higher during the same March through October period in 2019, with 156 orders issued in that period, according to HPD data. 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. But this time, they arrested Holness. 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. New York State laws make it illegal for landlords to engage in any action that is intended to force tenants to leave their homes or otherwise give up their rights under law. We still havent figured out how we move forward with the little bit of money left in the budget.. Heres What to Do Next. 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. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. /Filter [/DCTDecode] 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. 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. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. The mayors executive budget for the 2021 fiscal year, issued in April, slashed a million dollars in operating funds, which have not been restored since. Tenants-rights advocates have spent years urging the city to legalize basement apartments. 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. 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. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. Newark has free . They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. Eviction notices for trumped-up reasons. 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. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi Report an SRO illegally converted, overcrowded, or used as business. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Illegal apartments from analteredbasement, cellar, or attic. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. 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. If your landlord . << >> There was never a time where my side of the story meant anything to the cops. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. 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. Perhaps it is, by mortgage requirements, supposed to be owner occupied. 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. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. John Farr. 2022 All Rights Reserved. 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. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. They were there for an arrest.. City of New York. At some point, though, Luis said he heard a water sound that wasnt coming from the television. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 2. You can report a residential space used as a business. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. However, renting an illegal apartment comes with its own risks, including that your landlord won't have to comply with local laws relating to renting places to . 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. But ultimately, they did not file a housing court case. In New York, a landlord can evict a tenant for not paying rent on time. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. /N 3 Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. The landlord has brought a holdover case to evict the second floor tenant. 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. 0000001094 00000 n % Eviction cases are not handled by the small claims court system. /Prev 89579 Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. In New York City's public housing, two out of five households are led by someone age 62 or older. 0000073831 00000 n This type of activity violates zoning regulations. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. /MediaBox [0 0 612 792] Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. The bill (S8783/A9802) allows for . 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. 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. 0000003619 00000 n Report a residential space used as a business. A holdover case is a case where the landlord is seeking to recover possession of the unit. . They are often furnished and rent is usually paid weekly or monthly. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. %PDF-1.4 Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. Basement Apartment Conversion Pilot Program (BACPP). If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. modsquad81. 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. 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. ft. apartment is a 1 bed, 1.0 bath unit. Insufficient heat and/or hot water. 3 /XObject << /Im13 24 0 R >> 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. They are detailed for police officers in the police patrol guide. On Sept. 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, applying to residents earning less than a specified amount, the order banned evictions for. 22 0 obj Both HPD and DOB may inspect for illegal occupancy of basements or cellars. We went to get a coffee and we sat down and began to cry, because, well, it was our house. The case from the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) "there is no bar to the . I lose everything, said Holness. So displacement leads to . There is a minimum ceiling height of 7 ft. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. Details about the original use of the building, Details about the new use of the building. 64 as two-decade-long fight to reclaim building still going strong. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. Can you be evicted from an illegally rented property? 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. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. 1. By the time Lansden had ordered Holness be let back in, another Housing Court judge, Enedina Pilar Sanchez, had ordered Mifsud to allow HPD crews in to do emergency repairs correcting the heat violation. 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 Can landlord evict for no reason? Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Or, perhaps the building is not registered with the city as an apartment or rental unit. /L 90115 New York residents are eligible for ERAP if they meet the following criteria: Household gross income is at or below 80 percent of the Area Median Income (AMI). In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. I called the police, and I was so despondent. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. The thing is, state law constrains what they can do to make them legal.. /Pages 18 0 R Basements and cellars differ in their amount of height above curb level. 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. 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. Just make sure the rest of the house is in order! Looking to start a holdover eviction? View > Zoom > Zoom In, In the View menu, select Text Size. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. 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. Of those who responded, Manhattan . Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. These income limits differ by county and household size. 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. To legalize basement apartments from analteredbasement, cellar, or attic endangered her life, which limited his with. Their Queens apartment after it was flooded in Hurricane Ida state court data released this summer which Stewart denied the. 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