We already lost everything.. 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.". 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. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. 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. 0000057902 00000 n 24 0 obj 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. Newark has free . J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. Legal Basement Apartments In Ontario 2022 How To Make A Legal Basement Apartment In Ontario And Quebec A Landlord S Guide To Eviction Notice Ontario Forms Are Basement Apartments Illegal In Toronto Legalprox 2022 Legal Basement Apartments In Ontario 2022 Eviction Ontario Landlords Association Legal Basement Apartments In Ontario 2022 That reduced the goal of assisting 40 homeowners down to just nine already approved. Vanie Mangal in the home her mother owns . 20 0 obj These income limits differ by county and household size. View > Zoom > Zoom In, In the View menu, select Text Size. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Perhaps it is a fire hazard or there is no inside plumbing. 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. Too many of our most vulnerable community memberslow-income residents, immigrants, seniorslive in illegal basement units with no safety regulations and no protections, said Jose Miranda, member of NYC Base, a coalition of community groups, planners and lawyers that advocates for legalizing the citys basement apartments. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. /Root 21 0 R To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. This opinion is uncorrected and will not be published in the printed Official Reports. 11-17-2010, 06:05 PM. 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. 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. Its very hard.. /BitsPerComponent 8 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 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. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). 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. 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. Illegal apartments from analteredbasement, cellar, or attic. 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. 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. A third category of rent stabilized apartments covers buildings with three or . You don't have permissions to view these records. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. stream If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. Doctor Urged NYCHA Arsenic Tests After Patients Death. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Basement Apartment Conversion Pilot Program (BACPP). The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. Im still staying at the shelter, trying to get permanent housing. 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. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. . John Farr. JFIF C 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. /Prev 89579 The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. 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. Can a Landlord Collect Rent for an Illegal Apartment? 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. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. 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. 0000064161 00000 n xref 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. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. 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. In New York City, a claim can be made up to $10,000. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. 22 0 obj I was only picking them up outside. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. 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. Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. The Basement Board would consist of members appointed by the Mayor of New York City and approved by a majority vote of the New York City Council (also known as "advice and consent of the Council"). 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. 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 . I packed to move and then COVID came. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. Every room must have at least one window. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 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. Lets also not forget an important fact in our example: there is someone living in an illegal basement. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. 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. At Montefiore, nurses won a 19% wage increase over three years. During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. 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. This includes commercial space altered for residential or manufacturing purposes. << 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. 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 . apartment in the basement was illegal. This can include illegally renting housing to guests who stay less than 30 days. 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. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. 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. /P 0 The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 20 18 They are often furnished and rent is usually paid weekly or monthly. 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. Of course the tenant loses as well because he must vacate; but the landlord must pay his relocation expenses which are assessed at an amount equal to six times the monthly rent, five days before the tenant vacates the premises. 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.. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. There was never a time where my side of the story meant anything to the cops. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. << Just make sure the rest of the house is in order! On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. 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. The laws are different in different states. 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. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. They cant do nothing about it because its not criminal.. You can report past illegal conversion or alteration of a commercial space. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Another hurdle is the 2020 New York State discovery reforms that substantially expanded records prosecutors must turn over to the defense, and tightened the time to do so. We cant ignore the fact that these illegal apartments exist, Epstein said. Tenants-rights advocates have spent years urging the city to legalize basement apartments. The Official Website of the City of New York. Plumbing and everything works. 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. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions While thousands of tenants have filed cases claiming their landlords locked them out to defy the eviction moratorium, just a handful have been charged for the crime. Free viewers are required for some of the attached documents. 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. DOB also posts Tips for Renters to help identify when an apartment is illegal. Of those who responded, Manhattan . Meanwhile, city attorneys began taking legal action against Mifsud. I was afraid they would do the same thing over and over, she said of her landlord. 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. View > Text Size > Largest, In the View menu, select Zoom In. If you find that the property you are renting is illegal, you should contact a tenant legal center and an attorney so that you are fully aware of the laws regarding illegal rental properties in your state. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. 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. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. 0000063002 00000 n On March 3, inspectors from the city Department of Housing Preservation and Development cited immediately hazardous code violations and ordered Mifsud to provide electricity and heat. She also reported that her mailbox was broken and that there was a mice infestation. endobj But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. 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 . Hotels are not SROs. 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. 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. 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