The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 0000057704 00000 n This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The tenants, many of them immigrants, often reside without a lease as they live in fear of being discovered by authorities. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. stream 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 . According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. Tenants in buildings built before February 1, 1947 who moved in after June 30, 1971, are also covered by rent stabilization. (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 More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od Click a topic, or press the enter key on a topic, to reveal its answer. Cutting off utilities to evict tenants, harassment and locking out tenants without a court order are in fact criminal matters. Even if Lynch doesn't show up having the violation will work in your favor for eviction. The landlord was arrested and charged, though his criminal case was dismissed. Basement Apartment Conversion Pilot Program (BACPP). 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. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. >> Im still staying at the shelter, trying to get permanent housing. endobj Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. 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. Report a commercial space used as a residence. 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 New York City, where you can expect to pay more than $2,000 a month for even a modest one-bedroom apartment, you can find one of these unregistered rentals for less than $1,000. About 47% of criminal . If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. 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. You would not be removing the kitchen for safety concerns. Obviously, a legal apartment is going to command more on the rental market than an illegal one. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. When he opened the backyard door, dirty water cascaded into their apartment like a waterfall, according to him and multiple photos and videos provided to THE CITY. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. 1. /Outlines 14 0 R This is a read only version of the page. The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. (914) 377-6560 8:30 am -4:30 pm. 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 our example, we were using a two family residential house in Queens. By submitting your email, you agree to our Terms and Privacy Notice. 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. Please call 311 for more information on compliance. At least three cases are still pending in criminal court. The judgment amounted to $30,250. City of New York. 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. 11-17-2010, 06:05 PM. You don't have permissions to view these records. July 29, 2020. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* Even when these conditions are met, the landlord must take the tenant to court, win, and . 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. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. 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. 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. 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. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. 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. 0000000790 00000 n 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. He'll eventually be successful, but it will take a good amount of time and cost him a significant amount of money in fines/possible renovations. The landlord has brought a holdover case to evict the second floor tenant. Vanie Mangal in the home her mother owns . 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. . There are several reasons that a property could be illegal to rent. << /Subtype /Image Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. They cant do nothing about it because its not criminal.. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. Can you be evicted from an illegally rented property? 21 0 obj She was shut out for good. 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. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. 1004. So displacement leads to . << 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. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. 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. 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. This system is really rotten, you know, said Holness. 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. 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. In November 2021, Judge Enedina Pilar Sanchez ordered Mifsud to pay the city in civil penalties for the dozens of days Holness was without heat and the 89 days she was without hot water, charged at $250 per day. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. >> Their possessions including his food delivery scooter were destroyed. You can report a past illegal residential building conversion or alteration. You can report past illegal conversion or alteration of a commercial space. /MediaBox [0 0 612 792] But ultimately, they did not file a housing court case. I lose everything, said Holness. Three days after HPD issued the violations which the agency posted on its website Holness called the police to report her utilities had been sporadically shut off from February 25, a police complaint report shows. 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. Even if they said it wasnt criminal, I was still believing there was something that they could do. 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 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. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. Even if you live in a 2 family with an illegal apartment, and you call DOB on it, they can evict you even if you're not living in the illegal apartment, since the basement apartment would be . Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Its hard. SRO dwellings are specific types of dwellings that rent out single rooms. She doesnt know how shell be able to come up with the extra money, or find a new place. 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. /Font << /F14 25 0 R /F18 29 0 R /F22 33 0 R >> A cellar is an enclosed space having more than one-half of its height below curb level. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. } !1AQa"q2#BR$3br The official NYC heat season begins October 1 and runs until May 31. 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. 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. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. DOB also posts Tips for Renters to help identify when an apartment is illegal. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Its very hard.. The court in the same case stated above that " there is no statute prohibiting the collection of rent from an illegal one or two family dwelling." Case law supports my argument. You can simply stop paying rent, and challenge him to evict you. This can include illegally renting housing to guests who stay less than 30 days. /Filter [/FlateDecode ] When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. The BASE (Basement Apartments Safe for Everyone) campaign is a coalition of community organizations, advocates, tenants, homeowners, and community members who are organizing working-class neighborhoods and communities of color to increase the number of legally-recognized, affordable, and safe basement apartments, as well as other accessory dwelling units ("ADUs") in New York City. The city allocated $11.7 million for the three-year program, which would subsidize low- or no- interest loans of up to $120,000 each for homeowners seeking to bring basements up to code, while guiding them throughout the construction process. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. But during the pandemic a time of extraordinary hardship for renters and landlords alike the police rarely did, even as thousands of tenants filed Housing Court cases against their landlords for the same acts. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. 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. Tenants-rights advocates have spent years urging the city to legalize basement apartments. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. Illegal activity in progress, including gambling, drug dealing, or immediate danger to life or property. 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). In New York, a landlord can evict a tenant for not paying rent on time. They are detailed for police officers in the police patrol guide. Details about the original use of the building, Details about the new use of the building. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. Copyright 2023 Law Office of Richard Kistnen. She also reported that her mailbox was broken and that there was a mice infestation. Heating Regulations for the City of Yonkers. I was afraid they would do the same thing over and over, she said of her landlord. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. Free viewers are required for some of the attached documents. I packed to move and then COVID came. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. >> If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. City of New York. 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. Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. By submitting your email, you agree to our Terms and Privacy Notice. 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. /Info 19 0 R Two family residential houses abound in Queens and Brooklyn. Holness, a home health aide, saw her utilities cut and her locks changed last year in her Far Rockaway apartment, after her neighbor and landlord, Rachel Mifsud, received a foreclosure notice. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Why Are Slashings Surging in City Jails? 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. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. >> Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. << Perhaps it is, by mortgage requirements, supposed to be owner occupied. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. %PDF-1.4 The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Perhaps it is a 3 unit that is only approved to be a 2 unit building. When does heat turn on in nyc apartments? 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. 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. We already lost everything.. What are your rights? 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 Plumbing and everything works. 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. /Length 2165 0000063002 00000 n Re: Can tenant lock . About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. 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. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. 20 18 A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. After spending a night in jail, she was issued a temporary order of protection by a judge. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. 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. 2022 All Rights Reserved. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. 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. /Pages 18 0 R Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Just make sure the rest of the house is in order! This type of activity violates zoning regulations. The basement is occupied by one family and does not include boarders. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. 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 . 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. I own a apartment building in the Brooklyn ny, everything is up to code. 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. /Names << /Dests 10 0 R>> Report a residential space used as a business. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. /H [ 790 304 ] A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Insufficient heat and/or hot water. . In New York City's public housing, two out of five households are led by someone age 62 or older. /ProcSet [/PDF /ImageC /Text] HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. 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 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. ( N E b # x ' Pendstream The time to act is now.. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. I was only picking them up outside. Heres What to Do Next. 0 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? HPD did not respond to requests for comment. I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Newark has free . 0000074030 00000 n It also carries hefty civil penalties, too. Eviction for Nonpayment of Rent. Report an SRO illegally converted, overcrowded, or used as business. You can opt out at any time. 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. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes.