Perhaps there are no standard size windows in a basement or no exit in case of fire. They cant do nothing about it because its not criminal.. 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. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. A third category of rent stabilized apartments covers buildings with three or . These income limits differ by county and household size. Hotels are not SROs. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. 0000058871 00000 n Participants in this survey will not receive further communication from the City with regards to this survey. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 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. Perhaps it is a fire hazard or there is no inside plumbing. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. 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. 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. 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. /P 0 This opinion is uncorrected and will not be published in the printed Official Reports. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. The official NYC heat season begins October 1 and runs until May 31. 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 . Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. 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 . 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. But ultimately, they did not file a housing court case. 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? 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. >> stream Learn if an apartment or room is illegal or unsafe. Its very hard.. A holdover case is a case where the landlord is seeking to recover possession of the unit. 1. Illegal apartments from analteredbasement, cellar, or attic. Meanwhile, city attorneys began taking legal action against Mifsud. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. /ColorSpace /DeviceRGB 1. If it wasnt obvious basements needed a pathway to legalization before, now were seeing that having no legal protections makes you exponentially more vulnerable during a pandemic like this, said Will Spisak, of Chhaya Community Development Corporation. /H [ 790 304 ] 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.". Everything is dead, he said in the video, looking at his appliances. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. 0000064161 00000 n O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream 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. Vanie Mangal in the home her mother owns . . 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. There is a minimum ceiling height of 7 ft. 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. Free viewers are required for some of the attached documents. The NYPD always or almost always will send it to Housing Court as a housing matter. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . In this case, since the basement is not designed for dwelling purposes, it may not be rented. Now what are we going to do? asked Norma. I was afraid they would do the same thing over and over, she said of her landlord. /Root 21 0 R 0000074981 00000 n 0000003619 00000 n Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Officers never believe our clients and our clients end up having to sue, when they should be immediately back in and the landlord should sue if they think they have a reason to evict somebody, said Nori. After spending a night in jail, she was issued a temporary order of protection by a judge. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. 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. We went to get a coffee and we sat down and began to cry, because, well, it was our house. 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 Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. 0000000688 00000 n A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 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. 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. The landlord demanding that tenants pay rent only by letting him withdraw it directly from their bank accounts, and sometimes taking out more than one month's rent. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. This article appeared in the May 6th edition of Crains New York Business. If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings. /E 79901 You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. Unauthorized basement and cellar units come with risks including exit issues, unsafe gas and electrical systems, and a lack of light and ventilation, theDepartment of Buildingssays. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. Report an SRO illegally converted, overcrowded, or used as business. The landlord has brought a holdover case to evict the second floor tenant. Its not that we left, we were kicked out, as if we were worthless, said Luis. /Length 232 << Eviction notices for trumped-up reasons. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. Kavanagh said he expects a floor vote on the legislation before the session ends on June 2. 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. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz Eventually, her landlord changed the locks on her door. ( N E b # x ' Pendstream The judge directed Mifsud to provide keys. 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. 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. The landlord may be able to cure the problems and the tenant would be permitted to stay. 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. She was shut out for good. However, if the problems could not be solved then it would become a vacate or evict. Its hard. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. >> Deenihan, the Legal Aid lawyer, noted his office had seen a dramatic increase in landlords alleging assaults when tenants called the police. 0000064661 00000 n You would not be removing the kitchen for safety concerns. Utilities . We Asked Four People With Inside Knowledge. Why Are Slashings Surging in City Jails? Members and sponsors make THE CITY possible. 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. What Is An Illegal Apartment In Nyc Are The . % 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. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. Report a residential space used as a business. << 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. 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. 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. 0 Obviously, a legal apartment is going to command more on the rental market than an illegal one. So, lets assume that a landlord owns a two family house out in Queens. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. 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. 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. 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. Even as a pandemic eviction moratorium shields many New Yorkers, the citys housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. 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. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to Attorneys may be able to work out a deal with a landlord and avoid court. 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. 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"). That is not a reasonable solution for a city with a housing crisis.. 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. This is a read only version of the page. 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. Can landlord evict for no reason? They were there for an arrest.. The attorney listings on this site are paid attorney advertising. HPD did not respond to requests for comment. City of New York. 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. I own a apartment building in the Brooklyn ny, everything is up to code. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. %PDF-1.4 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. The landlord was arrested and charged, though his criminal case was dismissed. The city estimates there are roughly 50,000 illegal basement apartments in New York City. 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. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Basement Apartments Safe for All had even developed specific conversion blueprints, focused on such details as waiving parking requirements, floor-area ratio and, crucially, providing owners. 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. And it hurt us very much to leave our home, said Norma. There are several reasons that a property could be illegal to rent. 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. I called the police, and I was so despondent. endobj 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. 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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. 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. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. 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. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. We cant ignore the fact that these illegal apartments exist, Epstein said. The illegal basement apartment is a different concern. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. 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. Nyc funded a pilot to make basement apartments safer but then it went off track looser rules on illegal housing sought the new york times city s illegally converted proved deadly in ida path cnn people trapped basements due flooding how do you know if where live is and are at risk telemundo 47 world today news tell apartment legal al eviction bringing code urban omnibus down ramps up what an tenants rights landlord greed carbon monoxide poisoning 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. 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 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. The Official Website of the City of New York. Tenants-rights advocates have spent years urging the city to legalize basement apartments. The rental agreement in many states becomes unenforceable. >> endobj 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]. 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 During the dead of winter, Holness said in an interview, she wore a diaper at night and slept in 14 layers of clothing to stay warm in her barely habitable apartment. DOB also posts Tips for Renters to help identify when an apartment is illegal. Sorry, you need to enable JavaScript to visit this website. 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. That reduced the goal of assisting 40 homeowners down to just nine already approved. 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. 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. Know that saying, "if it sounds too good to be true, it probably is"? 2022 All Rights Reserved. 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. The time to act is now.. In New York, a landlord can evict a tenant for not paying rent on time. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. In essence, a holdover case isnt really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. 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