These costs can be significant. /Contents 23 0 R 1. 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. Eviction cases are not handled by the small claims court system. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. But Holness said she never got the keys. At some point, though, Luis said he heard a water sound that wasnt coming from the television. /E 79901 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. After spending a night in jail, she was issued a temporary order of protection by a judge. 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. 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 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. There is a minimum ceiling height of 7 ft. Mifsud did not respond to multiple requests for comment from THE CITY. 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. /Length 2165 ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH SRO dwellings are specific types of dwellings that rent out single rooms. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. You can report people living in commercial space. In the scant instances landlords or property owners do end up in criminal court, state court data shows that punishment is virtually non-existent. She then resided in a rehab facility for nearly a year. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. /Filter [/DCTDecode] 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. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. >> 0000059225 00000 n One prosecutor, who spoke on the condition of anonymity, said that the law leads to more dismissals, because the DAs staff have to track down volumes of evidence for every case. 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. 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. Meanwhile, city attorneys began taking legal action against Mifsud. The others were dismissed by judges or dropped by district attorneys. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. Prior to the pandemic, she had hoped to move but abandoned the search. 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. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). You can opt out at any time. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. startxref They called a tenant helpline instead and were connected to the Queens Legal Aid Society, which offered them free legal advice. But that was before COVID and cuts to local government spending. The landlord may be able to cure the problems and the tenant would be permitted to stay. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. JFIF C But an eviction moratorium keeps them from being kicked out. /P 0 The unregulated nature of these basement apartments waswidely blamed for the deaths of 11 residentsin Septemberduring Hurricane Ida. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB). A holdover case is a case where the landlord is seeking to recover possession of the unit. >> Stop shoveling, you are in deep enough! 2022 All Rights Reserved. << Doctor Urged NYCHA Arsenic Tests After Patients Death. 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. Contact the Housing Division: General Housing information (914) 377-6527. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. /Height 346 That is not a reasonable solution for a city with a housing crisis.. 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 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? More than 7,000 nurses returned to work Thursday morning after reaching a tentative agreement for better staffing ratios. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. The citys district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges, such as assault. I packed to move and then COVID came. /Length 53886 0 Sorry, you need to enable JavaScript to visit this website. They point to the 11 New Yorkers who died last week when . Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. Now what are we going to do? asked Norma. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. 0000000017 00000 n /S 132 If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. 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"). The City Health Commissioner Refused. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. Basement Apartment Conversion Pilot Program (BACPP). Members and sponsors make THE CITY possible. Report a commercial space used as a residence. Any alterations to an SRO must follow Single Room Occupancy regulations. The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. Re: Can tenant lock . To do so, they must first give 14 days'. /Type /Page 21 0 obj Illegal apartments from analteredbasement, cellar, or attic. This can include illegally renting housing to guests who stay less than 30 days. They cant do nothing about it because its not criminal.. So, lets assume that a landlord owns a two family house out in Queens. 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. 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. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. Shes now suing Mifsud in small claims court for what she alleges was thousands of dollars in lost property. You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. 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. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. Of course the tenant loses as well because he must vacate; but the landlord must pay his relocation expenses which are assessed at an amount equal to six times the monthly rent, five days before the tenant vacates the premises. 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 . HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. 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. Lets also not forget an important fact in our example: there is someone living in an illegal basement. endobj The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. 0000064161 00000 n Section 21 makes it possible for a landlord to ask for two months' notice without any reason. HPD will re-inspect the premises on the enforcement date to verify the illegal basement or cellar apartment is vacant and properly sealed. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. /Names << /Dests 10 0 R>> /Width 348 The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. xref He said that despite the program cuts, funding for loans remains to support the nine approved applicants. Can you be evicted from an illegally rented property? In New York City's public housing, two out of five households are led by someone age 62 or older. The bottom of any yard or other required open space cannot be higher than six inches below the window sill of any required window in the room. Can landlord evict for no reason? 0000003619 00000 n Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. 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 $820 million. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od There are several reasons that a property could be illegal to rent. /Info 19 0 R Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. Since May, Holness hasnt been able to return to her apartment. w !1AQaq"2B #3Rbr x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. 22 0 obj Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 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. 23 0 obj Plumbing and everything works. 0000074981 00000 n The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. [1] notice to pay rent or vacate the premises. /L 90115 View > Zoom > Zoom In, In the View menu, select Text Size. Perhaps it is a fire hazard or there is no inside plumbing. 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. 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