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Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . >>
Some states are very strict with landlords who rent illegal apartments to tenants. Tenants are turfed out of their homes by private landlords without any reason. 0000000790 00000 n
Holness eventually had to move on to an apartment elsewhere in Queens. Recently we renovated the storage area in the basement put in a stove, fridge etc. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 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. 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. /E 79901
These income limits differ by county and household size. 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. We went to get a coffee and we sat down and began to cry, because, well, it was our house. 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. stream
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{&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? You can opt out at any time. Learn if an apartment or room is illegal or unsafe. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. There is a minimum ceiling height of 7 ft. 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. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. But an eviction moratorium keeps them from being kicked out. 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. The attorney listings on this site are paid attorney advertising. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. Every room must have at least one window. 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 illegal basement apartment is a different concern. /Size 38
The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. 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. The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. This is a read only version of the page. 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. But this time, they arrested Holness. 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. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. Some tenants have become homeless after their basement apartments were exposed. THE CITY was unable to reach the landlord of their unit after multiple requests. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. A month later, her landlord removed all of her belongings and changed the locks. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. 0000059225 00000 n
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The time to act is now.. 1. I own a apartment building in the Brooklyn ny, everything is up to code. <<
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. >>
Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. Even as a pandemic eviction moratorium shields many New Yorkers, the city's housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. The landlord was arrested and charged, though his criminal case was dismissed. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. /Height 346
When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. 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. The apartment is in the basement or attic. Participants in this survey will not receive further communication from the City with regards to this survey. 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. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. But seeking help for everything from dealing with hostile landlords to repairs can lead to homelessness. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. 0000001370 00000 n
To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. /XObject << /Im13 24 0 R >>
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. 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. She doesnt know how shell be able to come up with the extra money, or find a new place. /CropBox [0 0 612 792]
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. /Contents 23 0 R
If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. 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. . 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. 0000073831 00000 n
Two family residential houses abound in Queens and Brooklyn. Members and sponsors make THE CITY possible. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use.
C Z\" This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. 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. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. For assistance with your ECB/OATH violations, illegal basement violations, gas company violations, gas boiler violations, or any plumbing building violations in NYC, call John Farr at 917-324-2535. /ProcSet [/PDF /ImageC /Text]
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.. To see the original article, click on the publication's link. They point to the 11 New Yorkers who died last week when . As a result, the second floor tenant has been living in the apartment as a month to month tenant. JFIF C Basement Apartment Conversion Pilot Program (BACPP). 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. Heating Regulations for the City of Yonkers. 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. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. This article appeared in the May 6th edition of Crains New York Business. stream
Their possessions including his food delivery scooter were destroyed. Because I was in the cold, and I was in the dark.. I called the police, and I was so despondent. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. xref
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. w !1AQaq"2B #3Rbr 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. Unless the lease states otherwise, rent is due . 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. Report past illegal conversion of a manufacturing space. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. /Length 53886
Because his case was pending in criminal court, Stewart lost a high paying job offer as an appliance mechanic, according to him and an email reviewed by THE CITY. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. Mifsud did not respond to multiple requests for comment from THE CITY. Now comes the interesting part. You can report a residential space used as a business. They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. Compliance with the Housing Maintenance Code for minimum room size. Holness also said that her temporary order of protection complicated things, because the police said she could be arrested for just being around her own home. Or, perhaps the building is not registered with the city as an apartment or rental unit. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. Of those who responded, Manhattan . 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. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. 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. Just make sure the rest of the house is in order! The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. I packed to move and then COVID came. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 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. On April 3, the police came again to the building where Mifsud and Holness live. Tenants have to choose between the harassment and the bad conditions or complaining and being thrown out by the city, said Sateesh Nori, a housing attorney for Legal Aid in Queens. 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. View > Text Size > Largest, In the View menu, select Zoom In. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. /Subtype /Image
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. However, if the problems could not be solved then it would become a vacate or evict. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every 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. >>
The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. How to evict a tenant out of illegal basement apartment in nyc. 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. This system is really rotten, you know, said Holness. This can include illegally renting housing to guests who stay less than 30 days. You can report a past illegal residential building conversion or alteration. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. This opinion is uncorrected and will not be published in the printed Official Reports. /ColorSpace /DeviceRGB
That is not a reasonable solution for a city with a housing crisis.. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. /Info 19 0 R
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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). But Holness said she never got the keys. 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. 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. 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. Long story short we have been collecting 1,200 a month on rent from a family friend. 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 Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. Illegal Basement Apartment Nyc Eviction. There are several reasons that a property could be illegal to rent. One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? The NYPD always or almost always will send it to Housing Court as a housing matter. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. After spending a night in jail, she was issued a temporary order of protection by a judge. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. 0000063195 00000 n
Click a topic, or press the enter key on a topic, to reveal its answer. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. Tamel Anderson says his landlord locked him out of his Albany basement apartment. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. At least three cases are still pending in criminal court. The landlord may be able to cure the problems and the tenant would be permitted to stay. /Linearized 1
Eventually, her landlord changed the locks on her door. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. At Montefiore, nurses won a 19% wage increase over three years. 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. Its not that we left, we were kicked out, as if we were worthless, said Luis. /T 89591
It also carries hefty civil penalties, too. 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. Meanwhile, city attorneys began taking legal action against Mifsud. Youre offline. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. 20 18
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. 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. Newark has free . We still havent figured out how we move forward with the little bit of money left in the budget.. In New York, a landlord can evict a tenant for not paying rent on time. 0000064661 00000 n
They sought a pause on rent, but their landlord told them to leave instead. 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. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. 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. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 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. Additionally, regardless of what the lease may state or the illegality of the premises, participating in illegal activities will get the tenant evicted as if the lease were in effect. Perhaps it is a 3 unit that is only approved to be a 2 unit building. 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. >>
HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. 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. 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. 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. This type of activity violates zoning regulations. 0000063002 00000 n
Know that saying, "if it sounds too good to be true, it probably is"? 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. 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. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. 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. The rental agreement in many states becomes unenforceable. ( N E b # x ' Pendstream
Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. View > Zoom InMacintosh Shortcut: Command+. Report a residential space used as a business. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to . Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. The basement is occupied by one family and does not include boarders. Perhaps there are no standard size windows in a basement or no exit in case of fire. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Illegal evictions are rising across the state, but landlords rarely face consequences . Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. The notice mentioned that they received a complaint about "illegal conditions" which means someone ratted me out.I did purchase a gas stove for the basement (illegal, but I can have someone remove it temporarily), a small refrigerator and installed a kitchen sink. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. 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. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. Even when these conditions are met, the landlord must take the tenant to court, win, and . 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. Now what are we going to do? asked Norma. ft. apartment is a 1 bed, 1.0 bath unit. A cellar is an enclosed space having more than one-half of its height below curb level. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. 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