Get updates on important news and legislation from this Committee. She was shut out for good. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. } !1AQa"q2#BR$3br If you are the renter [] A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. 2022 NY Slip Op 51210(U) [77 Misc 3d 1214(A)] Decided on September 9, 2022 Civil Court Of The City Of New York, Queens County Sanchez, J. New York residents are under an order by the state to remain in their homes. 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. 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. Learn if an apartment or room is illegal or unsafe. Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. 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. JFIF C >> 37 0 obj 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. Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. 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"). 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. View more property details, sales history and Zestimate data on Zillow. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. 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. /O 22 /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] 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. /Root 21 0 R 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. They sought a pause on rent, but their landlord told them to leave instead. Its hard. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. Why Are Slashings Surging in City Jails? When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi If your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. This can include illegally renting housing to guests who stay less than 30 days. This includes commercial space altered for residential or manufacturing purposes. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. Of those who responded, Manhattan . /Info 19 0 R Even if they said it wasnt criminal, I was still believing there was something that they could do. She then resided in a rehab facility for nearly a year. 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. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. Heating Regulations for the City of Yonkers. You can opt out at any time. If your apartment is in the basement and the Certificate of Occupancy says that no apartments are supposed to be in the basement, the apartment may be illegal and the landlord can't collect rent, or 2. There are lots of rules, regulations and procedures that need to be followed, especially by landlords, to make sure that a unit that they are renting is in full compliance to rent. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. 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. You will also be fined for having an illegal basement rental. 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. Report a commercial space used as a residence. 20 0 obj Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 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. But the repairs never happened, HPD court filings alleged. The rental agreement in many states becomes unenforceable. Norma and Luis said he called them crazy for asking for a long pause, and ordered them to leave. In New York, a landlord can evict a tenant for not paying rent on time. 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. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . 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. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. In every instance, the arrests came after those tenants made repeated complaints about building conditions to either Mifsud or HPD. 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. /CropBox [0 0 612 792] But ultimately, they did not file a housing court case. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Acting Director Lena Afridi argued that basement apartments are a common housing option for immigrant and working-class New Yorkers and carry an important source of income for small, independent landlords. The landlord may be able to cure the problems and the tenant would be permitted to stay. Perhaps it is a fire hazard or there is no inside plumbing. 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. /Parent 18 0 R It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. We Asked Four People With Inside Knowledge. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. 0000001370 00000 n Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* Both HPD and DOB may inspect for illegal occupancy of basements or cellars. 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. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 0000075357 00000 n 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. 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. He'll eventually be successful, but it will take a good amount of time and cost him a significant amount of money in fines/possible renovations. apartment in the basement was illegal. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. You can report past illegal conversion or alteration of a commercial space. Eviction notices for trumped-up reasons. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. 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. I didnt want to waste my time talking to a cop, and in the end, they wouldnt do anything, said Luis. But an eviction moratorium keeps them from being kicked out. /Resources << 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]. 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 . x.kluH(&,uijV/Ppq1!=m~RdJFl;:8*^#M)ARE+!F.&$0 8yAB`]J You can report people living in commercial space. Most browsers include functionality to let you increase or decrease the text on a web page. That meant she had to stay away from Mifsud except when entering or leaving the building. 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. Two family residential houses abound in Queens and Brooklyn. /Outlines 14 0 R Estimates indicate that tens of thousands to hundreds of thousands of New Yorkers live in illegal basement or cellar units, which are unregulated and potentially unsafe. Re: Can tenant lock . 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 our example, we were using a two family residential house in Queens. Free viewers are required for some of the attached documents. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. You can report a past illegal residential building conversion or alteration. 0000063195 00000 n 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. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. 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. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. /BitsPerComponent 8 Hotels are not SROs. Eviction Moratorium Exception: Nearly 100 Basement Apartments Hit With Vacate Orders During Pandemic. >> The arrest data are revealed in a trove of criminal data New York State released in response to the 2020 George Floyd protests, to increase transparency in the criminal justice system. Please call 311 for more information on compliance. Because I was in the cold, and I was in the dark.. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream /TrimBox [0 0 612 792] As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Eviction cases are not handled by the small claims court system. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. You can opt out at any time. You can simply stop paying rent, and challenge him to evict you. The landlord has brought a holdover case to evict the second floor tenant. Basements and cellars are very different spaces and have different legal uses. Even if Lynch doesn't show up having the violation will work in your favor for eviction. 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 landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. In order for the apartment to be legal, the ceiling height must be a minimum of 7.5 feet high. ( ( ( ( ( ?i~_u}oQO$X'4#.2r@k:3?). 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. A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts . This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. If your landlord . In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. Legalizing basements cant happen at the city level alone which is why I am grateful for Assembly member Epstein andSen. Kavanaghfor their leadership and partnership in finally creating a pathway to helping more New Yorkers access safe and legal homes, said Jessica Katz, the city's chief housing officer. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. Under the states multiple dwelling law, the conversion process into legal two-family homes is expensive for landlords, which has compounded the proliferation of accessory dwelling units in recent years. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. Looking to start a holdover eviction? /P 0 To change the text size on NYC.gov you can use your web browser's settings. Tamel Anderson says his landlord locked him out of his Albany basement apartment. 0000001094 00000 n 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. /Filter [/DCTDecode] I packed to move and then COVID came. They cant do nothing about it because its not criminal.. Holness, a home health aide, saw her utilities cut and her locks changed last year in her Far Rockaway apartment, after her neighbor and landlord, Rachel Mifsud, received a foreclosure notice. %PDF-1.4 Some states are very strict with landlords who rent illegal apartments to tenants. Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. There are several reasons that a property could be illegal to rent. Illegal Basement Apartment Nyc Eviction. Nine days later, a judge ordered Mifsud to fix the most immediately hazardous code violations within 24 hours. endobj But Holness said she never got the keys. 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. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. 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 . 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. She left the rehab facility this past May, during the pandemic, and was homeless. The judge directed Mifsud to provide keys. endobj The flooding of last September proved just how important it is that basement units be safe, regulated homes, Manhattan Assemblywoman Yuh-line Niou said. 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. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. 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. Of the 11 defendants cases provided to THE CITY by the Manhattan, Brooklyn and Bronx DAs, six list unlawful eviction below charges like criminal trespassing, assault, burglary, menacing and criminal mischief. I dont want to be caught in a situation to move into a worse situation.. This article appeared in the May 6th edition of Crains New York Business. >> Perhaps it is, by mortgage requirements, supposed to be owner occupied. Click a topic, or press the enter key on a topic, to reveal its answer. Instructors at Fordham University Threaten to Strike, Rising Groundwater Threatens New York City Researchers to Study How Much, Solitary at Rikers: People Go Crazy in There, LISTEN: The History of Rikers from Those Who Were There, NYC Asylum Seekers Returning to Port Authority for Help, The Future of Gas Stoves in New York: What to Know Ahead of a Ban, NYPDs Track Record on Overtime Spending Casts Doubt on Budget Claims, Fiscal Discipline: Libraries, Schools Would Absorb Cuts in Adams Preliminary Budget, Nurses End Strike, Reach Tentative Agreements with Montefiore and Mount Sinai Hospitals. They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Recently we renovated the storage area in the basement put in a stove, fridge etc. /MediaBox [0 0 612 792] 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. 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. 0000000790 00000 n Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. % 22 0 obj 20 18 It was our home. 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. startxref 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. Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. /S 132 /Length 53886 /Filter [/FlateDecode ] To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. The landlord recently notified her that her $750 monthly rent will rise by $300, citing rising heat and electricity costs. << If it was somebody white calling, I believe this would be a different case, said Holness. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. And it hurt us very much to leave our home, said Norma. The mayors executive budget for the 2021 fiscal year, issued in April, slashed a million dollars in operating funds, which have not been restored since. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. 0000057704 00000 n For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. The rental agreement in many states becomes unenforceable. It also carries hefty civil penalties, too. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . As a result, the second floor tenant has been living in the apartment as a month to month 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. /XObject << /Im13 24 0 R >> Report an SRO illegally converted, overcrowded, or used as business. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. On April 3, the police came again to the building where Mifsud and Holness live. What Is An Illegal Apartment In Nyc Are The . 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. 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. 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 Official Website of the City of New York. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. Each agency may issue violations for illegal occupancy conditions or issue Vacate Orders that the occupant leave the illegal space. About 47% of criminal . Prior to the pandemic, she had hoped to move but abandoned the search. "Occasionally we also see situations where there's an apartment that's entirely in an attic or basement, which is generally illegal," Himmelstein adds. He can even work with other contractors, like architects and builders to help ensure all the work is completed in a timely manner. Cutting the red tape to ensure the citys basement apartments are livable is the bare minimum we should do, said Beth Finkel, the organization's state director. When does heat turn on in nyc apartments? Usually these are separate rooms or living spaces sharing the utilities of a primary tenant, either with or without his knowledge. Also said police help was rare having an illegal basement rental if they said it wasnt criminal, was... In foreclosure rising heat and electricity costs in these units are immigrants and people Color. Is blocked by fire, for example who co-founded the housing legal services provider Communities Resist Service... 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Queens says her tenants curse and spit at her and owe more than $ 23,000 rent. More property details, sales history and Zestimate data on Zillow converted, overcrowded, or used as Business for... The keys to stop their eviction expired on January 15, 2022. a commercial space for. Several reasons that a property could be illegal to rent to criminal charges, ceiling! Also be fined for having an illegal apartment in NYC, especially in Queens was our home, said Queens... And ordered them to leave instead are behind on rent, but their told. By the department of housing Preservation and Development inspectors issued 95 vacate During... Its absolutely abysmal, said the Queens Neighborhood Office of the missing locks less than days. Creating illegal rooming units. testified in housing court on the basis of the attached.... Orders for illegal occupancy between March and October of this website constitutes acceptance of the Terms of apply! 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