The time to act is now.. 0000073831 00000 n 2. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. Perhaps it is a fire hazard or there is no inside plumbing. 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. 11-17-2010, 06:05 PM. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. 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. The others were dismissed by judges or dropped by district attorneys. 0000001094 00000 n The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. When does heat turn on in nyc apartments? 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. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 0000074030 00000 n stream New York residents are under an order by the state to remain in their homes. [1] notice to pay rent or vacate the premises. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to 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. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. The price seems like a steal. Carol Holness alleges her former landlord threw her belongings in the trash while trying to evict her from her Rockaways home. /Pages 18 0 R >> Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. NEW YORK -- Assemblymember Harvey Epstein, chair of the Assembly subcommittee on Retention of Homeownership and Stabilization of Affordable Housing and Senator Brian Kavanagh, chair of the Senate Committee on Housing, Construction and Community Development unveiled legislation to pave the way for the enactment of local laws legalizing basement apartments. About 47% of criminal . Meanwhile, city attorneys began taking legal action against Mifsud. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Perhaps it is, by mortgage requirements, supposed to be owner occupied. The thing is, state law constrains what they can do to make them legal.. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Term, 2005) (emphasis added). City of New York. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. At Montefiore, nurses won a 19% wage increase over three years. 37 0 obj Holness eventually had to move on to an apartment elsewhere in Queens. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. /TrimBox [0 0 612 792] endobj But the repairs never happened, HPD court filings alleged. In some states, the information on this website may be considered a lawyer referral service. Any alterations to an SRO must follow Single Room Occupancy regulations. SRO dwellings are specific types of dwellings that rent out single rooms. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. Report an SRO illegally converted, overcrowded, or used as business. 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. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. Obviously, a legal apartment is going to command more on the rental market than an illegal one. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. << 0000063002 00000 n 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. But that was before COVID and cuts to local government spending. Now comes the interesting part. The city remains committed to the basement pilot as an important tool for unlocking more affordable housing, and are excited to move forward with nine qualifying homeowners, said House. The NYPD declined to comment. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. The tenant may be able to win in other ways. /Height 346 The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Looking to start a holdover eviction? >> In a Brooklyn case, on two occasions a landlord allegedly entered a tenants apartment, hit the tenant, took the keys and threw the tenant down the outside apartment steps. startxref (a) it shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of 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. 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. ft. apartment is a 1 bed, 1.0 bath unit. As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. She was shut out for good. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. I lose everything, said Holness. 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? 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 . /Root 21 0 R She also reported that her mailbox was broken and that there was a mice infestation. For tenants, calls to the police for an unlawful eviction can lead nowhere even when other government agencies confirm landlords acted illegally. 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. 20 0 obj Tamel Anderson says his landlord locked him out of his Albany basement apartment. Insufficient heat and/or hot water. The rental agreement in many states becomes unenforceable. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Vanie Mangal in the home her mother owns . This opinion is uncorrected and will not be published in the printed Official Reports. 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 basement is occupied by only members of the family or families occupying the dwelling. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Get updates on important news and legislation from this Committee. 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.". 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. This article appeared in the May 6th edition of Crains New York Business. You will also be fined for having an illegal basement rental. They point to the 11 New Yorkers who died last week when . A third category of rent stabilized apartments covers buildings with three or . They sought a pause on rent, but their landlord told them to leave instead. The bill (S8783/A9802) allows for . You can opt out at any time. That meant she had to stay away from Mifsud except when entering or leaving the building. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. She left the rehab facility this past May, during the pandemic, and was homeless. /Prev 89579 You need a Notice to Vacate ASAP! The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. After spending a night in jail, she was issued a temporary order of protection by a judge. 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. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. Between Feb. 3 and March 2 2021, Holness filed complaints with the citys 311 system 14 times, records show, reporting that her apartment had no heat, gas, electricity, smoke detector or carbon monoxide monitor. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. 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. 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. 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. Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. John Farr. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. Can you be evicted from an illegally rented property? In general, rent stabilization in New York City applies to buildings of six or more units built between February 1, 1947 and December 31, 1973. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Since NYC has so many different kinds of buildings and tenancies, were going to use a two family house as an example in this article. Because I was in the cold, and I was in the dark.. 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. This is a read only version of the page. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. 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 . Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. The laws are different in different states. 0 I packed to move and then COVID came. The bills have support from moderate and progressive Democrats in both houses, including Queens Sen. Jessica Ramos, Manhattan Sen. Brad Hoylman and Assemblyman Richard Gottfried. Work out something with the tenant about moving out, offer some money for moving expences! 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. xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$JS'vn?qNY~}u0}}3*r, 9EKEi/Suc8k:w'cgwY3wC're^$DO?p7@yqN!9Dr)yofoS% A7LY04Q;';O*9'`_88~VR*D=Bxgu\;eJ2TDJ2,ZV4 V'^Lb2~nKQB[!T Eviction notices for trumped-up reasons. Tenants are turfed out of their homes by private landlords without any reason. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Eventually, her landlord changed the locks on her door. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Some states are very strict with landlords who rent illegal apartments to tenants. He still has a criminal summons case for unlawful eviction pending. The apartment is in the basement or attic. Between 2007 and 2017, there was a 43% increase in renters over 60. 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. The exception to this is very narrow: the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded. Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. To change the text size on NYC.gov you can use your web browser's settings. A cellar is an enclosed space having more than one-half of its height below curb level. However, if the problems could not be solved then it would become a vacate or evict. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. On Sept. 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, applying to residents earning less than a specified amount, the order banned evictions for. /XObject << /Im13 24 0 R >> 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. Other illegally subdivided areas of an apartment, house, or a building. /Type /Page Utilities . That reduced the goal of assisting 40 homeowners down to just nine already approved. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. Perhaps it is a 3 unit that is only approved to be a 2 unit building. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. 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. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 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. 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. Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. apartment in the basement was illegal. Eviction cases are not handled by the small claims court system. Contact the Housing Division: General Housing information (914) 377-6527. We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. Plumbing and everything works. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. Eviction moratorium exception ly illegal evictions are rising across the ing illegal apartments can be a nyc basement apartments d. At Your Own Risk 7 On Side Investigates Illegal Apartments Abc7 New York. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. If your landlord . Please call 311 for more information on compliance. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. Basements and cellars are very different spaces and have different legal uses. You can report past illegal conversion or alteration of a commercial space. 0000075357 00000 n 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. 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. 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. But Holness said she never got the keys. Its hard. 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. The official NYC heat season begins October 1 and runs until May 31. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Report a commercial space used as a residence. THE CITY was unable to reach the landlord of their unit after multiple requests. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. . 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