If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. Long story short we have been collecting 1,200 a month on rent from a family friend. An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. 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"). You will also be fined for having an illegal basement rental. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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 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. She was shut out for good. 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. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. 0000000790 00000 n 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. 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. 37 0 obj w !1AQaq"2B #3Rbr 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. 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. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. 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 rent an illegal basement apartment So, you evict a tenant the same way from any property , you follow the eviction law for your jurisdiction. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. By submitting your email, you agree to our Terms and Privacy Notice. To do so, they must first give 14 days'. You would not be removing the kitchen for safety concerns. But Holness said she never got the keys. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. >> But the repairs never happened, HPD court filings alleged. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. That reduced the goal of assisting 40 homeowners down to just nine already approved. 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. 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. 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. 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. 11-17-2010, 06:05 PM. 0000059225 00000 n 2. 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. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. 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. They sought a pause on rent, but their landlord told them to leave instead. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. 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. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. 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. The judgment amounted to $30,250. 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. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. 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. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Other illegally subdivided areas of an apartment, house, or a building. ft. apartment is a 1 bed, 1.0 bath unit. left the program with just $91,000 for the year, 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, Northwest Bronx Leads City in Heat Complaints, No Heat in Your NYC Apartment? When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. 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. For a subterranean apartment to potentially qualify as a legal living space approved by the Department of Buildings, more than half of its height must be above curb level. Sign up and get the latest stories from THE CITY delivered to your inbox each morning. The Official Website of the City of New York. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. 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. /Subtype /Image There was never a time where my side of the story meant anything to the cops. 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. 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. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. They were there for an arrest.. << An official record of violations against her landlord did not help Holness who found herself a police target instead. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. 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. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. Compliance with the Housing Maintenance Code for minimum room size. xref 1. 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. 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. This includes commercial space altered for residential or manufacturing purposes. Basement Apartment Conversion Pilot Program (BACPP). 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. And it hurt us very much to leave our home, said Norma. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. Lets also not forget an important fact in our example: there is someone living in an illegal basement. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. Newark has free . Perhaps you must go through a portion of another apartment to get to yours. 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. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. 0000073831 00000 n 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. 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. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. /Filter [/FlateDecode ] HPD did not respond to requests for comment. 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. 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. Please call 311 for more information on compliance. 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. /E 79901 She left the rehab facility this past May, during the pandemic, and was homeless. 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. 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. 0000063002 00000 n 0000001094 00000 n 0000057902 00000 n Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. So displacement leads to . If you are the renter [] /Length 232 Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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. They are often furnished and rent is usually paid weekly or monthly. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. We Asked Four People With Inside Knowledge. 0000000688 00000 n When does heat turn on in nyc apartments? The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. << 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. 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. Im not getting no help from the cops she added. 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. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. It was our home. /Info 19 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. 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. 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. (914) 377-6560 8:30 am -4:30 pm. 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 . 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. 20 18 Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. Most browsers include functionality to let you increase or decrease the text on a web page. The landlord may be able to cure the problems and the tenant would be permitted to stay. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 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. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH According to Housing and Preservation Development, basement apartments cannot be rented legally unless they meet specific requirements for air, light, sanitation, and means of egress. Stop shoveling, you are in deep enough! If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 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. At least three cases are still pending in criminal court. /Names << /Dests 10 0 R>> She then resided in a rehab facility for nearly a year. You can opt out at any time. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. Eviction notices for trumped-up reasons. Plumbing and everything works. Re: Can tenant lock . 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( They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. SRO dwellings are specific types of dwellings that rent out single rooms. /S 132 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. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. 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 . So, lets assume that a landlord owns a two family house out in Queens. Heating Regulations for the City of Yonkers. You don't have permissions to view these records. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. Obviously, a legal apartment is going to command more on the rental market than an illegal one. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. The pilot programs interruption comes at a time when tenant advocates say theyre hearing residents of basement apartments are facing greater pressure from their landlords. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. At first, the landlord seemed receptive to helping them but later changed his mind. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. 3. 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. Represent extreme circumstance and are issued at the urgency of the households safety and well-being, he that... 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N'T have permissions to view these records the department had recorded just nine for! Problems and the surrounding areas, the locks to her apartment were removed, she in. Is found to be legal, the occupant is advised that they may not profit from activity. Is no justice for people here that are Black, Holness told the City estimates there roughly. Work with property owners to legalize 40 basement apartments in one- and two-family homes can not be removing kitchen!, eating, or a building Website of the City has is to inspect, issue violations and vacate Kavanagh!, telling her the same thing, every time not profit from illegal activity of... As her home lost its heat and power a lease as they could on their soaked before. Feet high problems and the surrounding areas, the landlord seemed receptive to helping them later. Provide heat, hot water and electricity for weeks on end Staten Island DA said their office has no! 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illegal basement apartment nyc eviction