0000001094 00000 n A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to You can report past illegal conversion or alteration of a commercial space. Participants in this survey will not receive further communication from the City with regards to this survey. Recently we renovated the storage area in the basement put in a stove, fridge etc. 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. } !1AQa"q2#BR$3br He said that despite the program cuts, funding for loans remains to support the nine approved applicants. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. << The state Senate and the Assembly are close to passing legislation that would legalize the underground market of unregulated basement apartments in New York City. If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. xZ[o~7yq )OkuN)%h;Ps8K7;ng?#[__zI/9IrxkY^_}]_z$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 All Rights Reserved. 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. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. 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 . 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. And it hurt us very much to leave our home, said Norma. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. This is a read only version of the page. But none of that money will go to Holness. At first, the landlord seemed receptive to helping them but later changed his mind. 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. 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. Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. John Farr. 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. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Copyright 2023 Law Office of Richard Kistnen. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. They were there for an arrest.. Property owners will be liened any costs incurred by the agency and provide relocation services (which may include temporary housing) to any occupants who receive these services. 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. Im a scavenger, and Im a person picking out from peoples garbage.. City officials ordered an apartment vacated on Hoyt Street in Brooklyn. 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. Since May, Holness hasnt been able to return to her apartment. Perhaps there are no standard size windows in a basement or no exit in case of fire. Even if they said it wasnt criminal, I was still believing there was something that they could do. 0000001370 00000 n 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. << 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. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Can you be evicted from an illegally rented property? They sought a pause on rent, but their landlord told them to leave instead. 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. This type of activity violates zoning regulations. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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.". Contact the Housing Division: General Housing information (914) 377-6527. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Mifsud said Stewart threatened and endangered her life, which Stewart denied in the text messages. These income limits differ by county and household size. Some tenants have become homeless after their basement apartments were exposed. Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? endobj 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. 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 official NYC heat season begins October 1 and runs until May 31. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. The rental agreement in many states becomes unenforceable. The judgment amounted to $30,250. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. 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. You can simply stop paying rent, and challenge him to evict you. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. Perhaps it is a basement apartment in a single family home that is not cleared to be an apartment. 0000074030 00000 n City of New York. Their possessions including his food delivery scooter were destroyed. Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use. >> /Resources << /Height 346 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. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. Newark has free . Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 2. 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. 3 At least three cases are still pending in criminal court. Free viewers are required for some of the attached documents. 0000000790 00000 n Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. Holness eventually had to move on to an apartment elsewhere in Queens. 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. 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. 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. 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 . stream 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. A third category of rent stabilized apartments covers buildings with three or . 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 . % By the time Lansden had ordered Holness be let back in, another Housing Court judge, Enedina Pilar Sanchez, had ordered Mifsud to allow HPD crews in to do emergency repairs correcting the heat violation. 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. /Type /Page 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. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. The illegal basement apartment is a different concern. That reduced the goal of assisting 40 homeowners down to just nine already approved. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. By submitting your email, you agree to our Terms and Privacy Notice. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. /Filter [/FlateDecode ] Why Are Slashings Surging in City Jails? 64 as two-decade-long fight to reclaim building still going strong. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. According to Housing and Preservation Development, basement apartments cannot be rented legally unless they meet specific requirements for air, light, sanitation, and means of egress. But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. Other illegally subdivided areas of an apartment, house, or a building. New York small claims court will hear rent-related disputes. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue(s). DOB also posts Tips for Renters to help identify when an apartment is illegal. 0000057902 00000 n Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. 22 0 obj Even if Lynch doesn't show up having the violation will work in your favor for eviction. /Info 19 0 R Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. 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. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. Its not that we left, we were kicked out, as if we were worthless, said Luis. This includes commercial space altered for residential or manufacturing purposes. More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. The price seems like a steal. 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. You will also be fined for having an illegal basement rental. 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. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 1. Critics who want the city to crack down on illegal basement apartments and end their use say the units are unsafe and lead to overcrowding. Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. The Council's hearing and approval process would ensure members of the Basement Board are representative of the diverse constituencies, including homeowners and tenants, impacted by its policymaking and create more accountability and transparency in the appointment process. Click a topic, or press the enter key on a topic, to reveal its answer. 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 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. The homeowner is also provided with technical assistance needed to close on a loan and complete the construction project. 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