illegal basement apartment nyc eviction

Any alterations to an SRO must follow Single Room Occupancy regulations. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. 20 0 obj 0000003619 00000 n Members and sponsors make THE CITY possible. Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. Holness eventually had to move on to an apartment elsewhere in Queens. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 0000001094 00000 n 1. Please call 311 for more information on compliance. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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. The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it. If you are the renter [] The tenant may be able to win in other ways. /Width 348 THE CITY was unable to reach the landlord of their unit after multiple requests. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. 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. 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. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. 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. However, if the problems could not be solved then it would become a vacate or evict. 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. Im still staying at the shelter, trying to get permanent housing. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. Report past illegal conversion of a commercial space. The official NYC heat season begins October 1 and runs until May 31. Newark has free . But the repairs never happened, HPD court filings alleged. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. These costs can be significant. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. A cellar is an enclosed space having more than one-half of its height below curb level. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? 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. 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 . 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. Even as a pandemic eviction moratorium shields many New Yorkers, the city's housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. Prior to the pandemic, she had hoped to move but abandoned the search. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. stream HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* If it was somebody white calling, I believe this would be a different case, said Holness. At Montefiore, nurses won a 19% wage increase over three years. 3 They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. That is not a reasonable solution for a city with a housing crisis.. 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. 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. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. I was only picking them up outside. The judge directed Mifsud to provide keys. There was never a time where my side of the story meant anything to the cops. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. /ProcSet [/PDF /ImageC /Text] Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Eviction When an apartment is found to be illegal, you will have to vacate the premises or face eviction. DOB also posts Tips for Renters to help identify when an apartment is illegal. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. /Contents 23 0 R (914) 965-3331 4:30 pm-8:30 am. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. 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 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. 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. Report a commercial space used as a residence. 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. She left the rehab facility this past May, during the pandemic, and was homeless. On April 3, the police came again to the building where Mifsud and Holness live. 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? 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. /CropBox [0 0 612 792] Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. The others were dismissed by judges or dropped by district attorneys. Perhaps it is a fire hazard or there is no inside plumbing. 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. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can. If your landlord . Every room must have at least one window. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. Or, perhaps the building is not registered with the city as an apartment or rental unit. But none of that money will go to Holness. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 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. The NYPD declined to comment. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. >> /Name /Im24 Eviction notices for trumped-up reasons. 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. Sorry, you need to enable JavaScript to visit this website. (914) 377-6560 8:30 am -4:30 pm. Mifsud did not respond to multiple requests for comment from THE CITY. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction 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. 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. 0000075357 00000 n Long story short we have been collecting 1,200 a month on rent from a family friend. Two family residential houses abound in Queens and Brooklyn. The landlord may be able to cure the problems and the tenant would be permitted to stay. This can include illegally renting housing to guests who stay less than 30 days. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. 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"). But an eviction moratorium keeps them from being kicked out. I dont want to be caught in a situation to move into a worse situation.. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. 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. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. 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. The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. >> At some point, though, Luis said he heard a water sound that wasnt coming from the television. The owner does not have any active housing, civil or criminal cases against them and has not been accused of a crime by a city agency. Boarding houses and rooming houses are SROs. So here is the scenario. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to Over the next few days, Norma and Luis tried to negotiate a months-long pause in their rent with their landlord, so they could rebuild their lives and get repairs. ft. apartment is a 1 bed, 1.0 bath unit. >> /Prev 89579 startxref Eviction cases are not handled by the small claims court system. << We cant ignore the fact that these illegal apartments exist, Epstein said. An official record of violations against her landlord did not help Holness who found herself a police target instead. Tenants-rights advocates have spent years urging the city to legalize basement apartments. Now comes the interesting part. After spending a night in jail, she was issued a temporary order of protection by a judge. Stream HPD will re-inspect the premises on the basis of the missing locks and hearings within the city.! 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