illegal basement apartment nyc eviction

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. JFIF C Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. 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. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. THE CITY was unable to reach the landlord of their unit after multiple requests. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. 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. But the repairs never happened, HPD court filings alleged. 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. 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. 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. By law, landlords who try to evict tenants by harassment, intentionally cutting utilities or changing the locks can be arrested, issued a summons, and even go to jail for up to a year. 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. /T 89591 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. Between 2007 and 2017, there was a 43% increase in renters over 60. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The laws are different in different states. So all my furniture, what I have personal belongings, nothing, I get nothing. He still has a criminal summons case for unlawful eviction pending. Tenants have to choose between the harassment and the bad conditions or complaining and being thrown out by the city, said Sateesh Nori, a housing attorney for Legal Aid in Queens. w !1AQaq"2B #3Rbr Beginning March 20, 2020, all evictions across New York State were suspended until June 19, 2020, and the courts are not accepting any new eviction or foreclosure cases. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. Those arrests and summonses, however, represent a tiny fraction of times tenants allege they are locked out or intentionally left without heat or hot water. The city estimates there are roughly 50,000 illegal basement apartments in New York City. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. ( N E b # x ' Pendstream Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. 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. Holness called the police, and they tried and failed to open the building door, she testified, backed up with a photo of the cops trying unsuccessfully to get in. 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. But this time, they arrested Holness. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Additionally, regardless of what the lease may state or the illegality of the premises, participating in illegal activities will get the tenant evicted as if the lease were in effect. 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. Click a topic, or press the enter key on a topic, to reveal its answer. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. 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. Tamel Anderson says his landlord locked him out of his Albany basement apartment. Plumbing and everything works. 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. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction The landlord was arrested and charged, though his criminal case was dismissed. Two family residential houses abound in Queens and Brooklyn. 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. 0000074030 00000 n Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. The Official Website of the City of New York. /ColorSpace /DeviceRGB Newark has free . Details about the original use of the building, Details about the new use of the building. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Perhaps it is a fire hazard or there is no inside plumbing. Some tenants have become homeless after their basement apartments were exposed. 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. Unless the lease states otherwise, rent is due . Participants in this survey will not receive further communication from the City with regards to this survey. Eventually, her landlord changed the locks on her door. The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. Term, 2005) (emphasis added). 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. /Linearized 1 Heres What to Do Next. But an eviction moratorium keeps them from being kicked out. 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. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. endobj But Holness said she never got the keys. 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. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. /Filter [/FlateDecode ] Every room must have at least one window. Report an SRO illegally converted, overcrowded, or used as business. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. 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. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. 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. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 21 0 obj 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. >> But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. /Length 53886 0000059225 00000 n Work out something with the tenant about moving out, offer some money for moving expences! New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. Report a commercial space used as a residence. x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J She also reported that her mailbox was broken and that there was a mice infestation. 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. 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. You can report a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. Learn if an apartment or room is illegal or unsafe. Former Mayor Bill de Blasio established a pilot program in 2018 to bring a section of unregulated basement units in East New York, Brooklyn, up to code, but he cut funding for the program by 92% in the pandemic. 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. The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. >> Mifsud did not respond to multiple requests for comment from THE CITY. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Illegal conversion is when an existing residential or commercial building has beenaltered or modified to create an additional room, space, or unit without first getting approval from the New York City Department of Buildings. Tenants are turfed out of their homes by private landlords without any reason. You can report a residential space used as a business. 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. Report past illegal conversion of a residential space. She doesnt know how shell be able to come up with the extra money, or find a new place. A spokesperson said that generally cases are sealed because the charges were dismissed or defendants pleaded guilty to a non-criminal violation such as disorderly conduct. 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