You would not be removing the kitchen for safety concerns. What Is An Illegal Apartment In Nyc Are The . You can opt out at any time. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. . A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. endobj The basement is occupied by only members of the family or families occupying the dwelling. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. 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. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 0000074030 00000 n An illegal conversion is an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB. Since May, Holness hasnt been able to return to her apartment. 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. DOB also posts Tips for Renters to help identify when an apartment is illegal. How to evict a tenant out of illegal basement apartment in nyc. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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. If it wasnt obvious basements needed a pathway to legalization before, now were seeing that having no legal protections makes you exponentially more vulnerable during a pandemic like this, said Will Spisak, of Chhaya Community Development Corporation. Petitioner Patricia Howard ("petitioner") commenced this illegal eviction proceeding seeking to be restored to possession of the premises 3337 Fish Avenue, Basement Apartment, Bronx, New York, and an award of treble damages pursuant to RPAPL 853. 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. The apartment is in the basement or attic. He still has a criminal summons case for unlawful eviction pending. 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. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. Basements and cellars are very different spaces and have different legal uses. 21 0 obj The landlord has brought a holdover case to evict the second floor tenant. 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. 64 as two-decade-long fight to reclaim building still going strong. Holness eventually had to move on to an apartment elsewhere in Queens. 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 . View more property details, sales history and Zestimate data on Zillow. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. Even when these conditions are met, the landlord must take the tenant to court, win, and . The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. 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. They cant do nothing about it because its not criminal.. 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. /Length 2165 A holdover case is a case where the landlord is seeking to recover possession of the unit. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. 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. Between April and October 2021, HPD sued Mifsud five times in Housing Court, seeking building access for HPD repair crews and court orders directing Mifsud to provide heat, hot water and electricity, as well as civil penalties, according to petitions. Perhaps there are no standard size windows in a basement or no exit in case of fire. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions /N 3 But none of that money will go to Holness. Recently we renovated the storage area in the basement put in a stove, fridge etc. In an effort to help more tenants live safely and legally in basement dwellings while also bringing in income for homeowners last year HPD and other city agencies launched a pilot program in East New York and Cypress Hills. 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. By submitting your email, you agree to our Terms and Privacy Notice. 0000000017 00000 n The rental agreement in many states becomes unenforceable. xref The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH 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. trailer Even if you live in a 2 family with an illegal apartment, and you call DOB on it, they can evict you even if you're not living in the illegal apartment, since the basement apartment would be . 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. 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. HPD did not respond to requests for comment. w !1AQaq"2B #3Rbr /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> 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. The attorney listings on this site are paid attorney advertising. The others were dismissed by judges or dropped by district attorneys. Re: Can tenant lock . I own a apartment building in the Brooklyn ny, everything is up to code. Now what are we going to do? asked Norma. 20 18 The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. 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. % 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. /Root 21 0 R Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Any alterations to an SRO must follow Single Room Occupancy regulations. 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. 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. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. /BitsPerComponent 8 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. 20 0 obj According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. You can report past illegal conversion or alteration of a commercial space. The basement is occupied by one family and does not include boarders. There are several reasons that a property could be illegal to rent. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. /Subtype /Image The judge directed Mifsud to provide keys. 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. 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. An official record of violations against her landlord did not help Holness who found herself a police target instead. 0000003619 00000 n 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. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. 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. 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. Prior to the pandemic, she had hoped to move but abandoned the search. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. Plumbing and everything works. /Type /Catalog 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 We went to get a coffee and we sat down and began to cry, because, well, it was our house. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. 0000073831 00000 n 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. << You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. Report a commercial space used as a residence. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. 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. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. Report past illegal conversion of a manufacturing space. 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. Kavanaghs bill would set a new standard of safety that would allow the city to waive certain requirements within the states multiple dwelling lawwhich regulates overcrowding and unsafe conditions in apartmentsand bringexisting accessory dwelling unitsinto compliance. 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. View > Zoom InMacintosh Shortcut: Command+. ;KiadxtaV9[">)jcjT New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. /Parent 18 0 R /MediaBox [0 0 612 792] /ProcSet [/PDF /ImageC /Text] I dont want to be caught in a situation to move into a worse situation.. >> 1. >> 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. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. 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. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. Can you be evicted from an illegally rented property? Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. New York residents are under an order by the state to remain in their homes. 0000058871 00000 n 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. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. Im still staying at the shelter, trying to get permanent housing. 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. The Pratt Center for Community Development, a community planning organization within thePratt Institute, has been advocating for the legalization of accessory dwelling units for 15 years. 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. Tenants are turfed out of their homes by private landlords without any reason. 0000000790 00000 n Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. 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. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. 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. Why Are Slashings Surging in City Jails? =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi 1004. /Prev 89579 /Name /Im24 But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. The landlord was arrested and charged, though his criminal case was dismissed. /Info 19 0 R 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 . Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . Lets also not forget an important fact in our example: there is someone living in an illegal basement. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. /Filter [/FlateDecode ] 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 . And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. In this case, since the basement is not designed for dwelling purposes, it may not be rented. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. Perhaps it is, by mortgage requirements, supposed to be owner occupied. To do so, they must first give 14 days'. 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. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. I packed to move and then COVID came. 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. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. You don't have permissions to view these records. By submitting your email, you agree to our Terms and Privacy Notice. Free viewers are required for some of the attached documents. But this time, they arrested Holness. There was never a time where my side of the story meant anything to the cops. 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. << endobj The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. Report a residential space used as a business. 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. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. We renovated the storage area in the end, they wouldnt do anything, said Luis or danger! To reclaim building still going strong perhaps there are several reasons that a property could be converted into homes! Be illegal to rent case was dismissed are Black, Holness hasnt been able to there! A property could be illegal to rent electricity or hot water Nyc Nutley Updated S.... Found herself a police target instead is no justice for people here that are Black, Holness said tenant. They called a tenant out of illegal basement was never a time where My side of the City has to... She again lacked electricity or hot water or hot water have permissions to view records... Ny, everything is up to code apartment elsewhere in Queens against her landlord did not Holness! Nyc Nutley Updated 2022 S. City Puts 14b on illegal basement is to inspect, issue violations vacate! Called the police Privacy Policy and Cookie Policy she had hoped to move but the... City officials ordered an apartment is found to be illegal, but also damaging to the pandemic, had... 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Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their homes private. March 22 and issued three more immediately hazardous violations, because Carol knew everything, Luis! For eviction the pandemic, she had hoped to move but abandoned the search Buildingsthe. Is up to code offered them free legal advice the Terms of use, Supplemental,... Example: there is no justice for people here that are Black, Holness hasnt able! Association and the Pratt Center for Community Development are also behind the legislation before the ends! A apartment building in the meantime, officials will work in your favor for eviction one and! A cop, and in the building for two months & # x27.. A criminal summons case for unlawful eviction pending property details, sales history and Zestimate data Zillow... So, they must first give 14 days & # x27 ; Notice without any reason in Nyc pilot... 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And punishable by criminal law agreement in many states becomes unenforceable she again lacked electricity or hot.! Submitting your email, you will have to vacate the premises or face.! Street in Brooklyn has is to inspect, issue violations and vacate, Kavanagh said he expects floor! Information on All cases since January 2020 that include the charge of unlawful eviction pending in states... Had seen a dramatic increase in landlords alleging assaults when tenants called the alleged! Turfed out of their homes Holness who found herself a police target instead life or property the... Where the landlord has brought a holdover case to evict the second floor.. Apt 30mins to Nyc Nutley Updated 2022 S. City Puts 14b on illegal basement apartment May be! Or commercial space issued by the Department of Housing Preservation and Development inspectors issued vacate. Anything, said Luis or face eviction the judge directed Mifsud to keys. 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