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. But none of that money will go to Holness. 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. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. What are your rights? Participants in this survey will not receive further communication from the City with regards to this survey. We went to get a coffee and we sat down and began to cry, because, well, it was our house. 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. 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. 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. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. I lose everything, said Holness. But ultimately, they did not file a housing court case. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? Long story short we have been collecting 1,200 a month on rent from a family friend. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. Police call records show that a neighbor called the cops on September 3rd to report HARASSMENT/OUTSIDE. But the police did not help their neighbor, according to Norma. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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. 0000000017 00000 n trailer << 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. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. 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. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 24 0 obj 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. 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. 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? Survey participation is voluntary. The attorney listings on this site are paid attorney advertising. They are detailed for police officers in the police patrol guide. The judgment amounted to $30,250. By submitting your email, you agree to our Terms and Privacy Notice. This type of activity violates zoning regulations. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. 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. Tenants-rights advocates have spent years urging the city to legalize basement apartments. The basement is occupied by one family and does not include boarders. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. At Montefiore, nurses won a 19% wage increase over three years. 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. So here is the scenario. Many of New York's basement apartments are illegally or informally rented because they don't meet the city's complex standards for legal occupancy. 0000064661 00000 n Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. /Parent 18 0 R Now comes the interesting part. For housing advocates, the scant number of arrests confirms what theyve long observed that the police do not treat unlawful eviction as a crime, preferring to let tenants and landlords duke it out in Housing Court. 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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. Its hard. After they left their apartment, they spent two days in Corona Park before Norma called her brother in Brooklyn to ask for a place to stay, according to Norma. /N 3 Perhaps it is a fire hazard or there is no inside plumbing. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to Some states are very strict with landlords who rent illegal apartments to tenants. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. Eviction cases are not handled by the small claims court system. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. 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.. ( N E b # x ' Pendstream /Names << /Dests 10 0 R>> The landlord may be able to cure the problems and the tenant would be permitted to stay. w !1AQaq"2B #3Rbr THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. 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. /Linearized 1 In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. 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. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Im not getting no help from the cops she added. I was only picking them up outside. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. 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. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions 3. This type of activity violates zoning regulations. The rental agreement in many states becomes unenforceable. At least three cases are still pending in criminal court. They cant do nothing about it because its not criminal.. /XObject << /Im13 24 0 R >> 0000074981 00000 n /BitsPerComponent 8 If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. 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 tenant may be able to win in other ways. This system is really rotten, you know, said Holness. Report a commercial space used as a residence. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 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( Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Eviction notices for trumped-up reasons. /Length 232 At some point, though, Luis said he heard a water sound that wasnt coming from the television. The NYPD declined to comment. And it hurt us very much to leave our home, said Norma. Boarding houses and rooming houses are SROs. 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 . 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. Estimates indicate that tens of thousands to hundreds of thousands of New Yorkers live in illegal basement or cellar units, which are unregulated and potentially unsafe. 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. Meanwhile, city attorneys began taking legal action against Mifsud. /O 22 The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 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. Stop shoveling, you are in deep enough! Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. 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. After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. Its not that we left, we were kicked out, as if we were worthless, said Luis. 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. Re: Can tenant lock . The official NYC heat season begins October 1 and runs until May 31. stream (914) 965-3331 4:30 pm-8:30 am. Youre offline. 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. Even if they said it wasnt criminal, I was still believing there was something that they could do. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. City of New York. /CropBox [0 0 612 792] In some states, the information on this website may be considered a lawyer referral service. 1004. /Info 19 0 R Report past illegal conversion of a commercial space. View more property details, sales history and Zestimate data on Zillow. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. (914) 377-6560 8:30 am -4:30 pm. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. 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. The price seems like a steal. 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. You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. Tamel Anderson says his landlord locked him out of his Albany basement apartment. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. If it was somebody white calling, I believe this would be a different case, said Holness. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J endobj Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. 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. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. 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. /Type /Page 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. If your apartment is in the basement and the Certificate of Occupancy says that no apartments are supposed to be in the basement, the apartment may be illegal and the landlord can't collect rent, or 2. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. 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. >> The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. They point to the 11 New Yorkers who died last week when . Its very hard.. /Type /Catalog For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Around the date Mifsud was served with the court papers, the building locks got changed altogether, Holness testified, and Mifsud did not provide her with a key. Recently we renovated the storage area in the basement put in a stove, fridge etc. 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. 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. 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. New York City tenants filed 2,642 residential illegal lockouts cases in 2020 and 2021 in Housing Court, according to data from the state via the Housing Data Coalition in collaboration with the Right to Counsel Coalition. This opinion is uncorrected and will not be published in the printed Official Reports. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 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. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue(s). A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. Carol, 63, of Queens, lives in a homeless shelter after a Housing Court decision issued last summer determined that her previous apartment was an illegal dwelling. 0000057902 00000 n 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. 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. She also reported that her mailbox was broken and that there was a mice infestation. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. Some tenants have become homeless after their basement apartments were exposed. The thing is, state law constrains what they can do to make them legal.. 1. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. At first, the landlord seemed receptive to helping them but later changed his mind. 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. In announcing the effort in March 2019, Mayor Bill de Blasio said in a statement that too many of the citys basement apartments are illegal and unsafe and that the effort would help New Yorkers convert their basements into safe and affordable homes. 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. /ProcSet [/PDF /ImageC /Text] This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. 0000001094 00000 n You can report a residential space used as a business. Looking to start a holdover eviction? /E 79901 The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. >> % City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City. He still has a criminal summons case for unlawful eviction pending. 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. /Subtype /Image This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. endobj They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. 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. Menu > Zoom > +, In the View menu, select Zoom. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. 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. Because their restaurant work was cut during the pandemic, they had fallen behind on rent but were gradually paying their landlord back, according to them and a rent ledger they maintained. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. . We cant ignore the fact that these illegal apartments exist, Epstein said. 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. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi It also carries hefty civil penalties, too. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. 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. Perhaps it is a 3 unit that is only approved to be a 2 unit building. That meant she had to stay away from Mifsud except when entering or leaving the building. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. They sought a pause on rent, but their landlord told them to leave instead. 21 0 obj Of those who responded, Manhattan .
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