0 Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . 1. /Size 38 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. A cellar is an enclosed space having more than one-half of its height below curb level. Section 21 makes it possible for a landlord to ask for two months' notice without any reason. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream Perhaps it is a fire hazard or there is no inside plumbing. Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. Theyre facing the same crisis as many during the pandemic, including lost income, health risks at work and precarious finances. Sorry, you need to enable JavaScript to visit this website. 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. /Subtype /Image /O 22 20 18 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. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. Two family residential houses abound in Queens and Brooklyn. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. 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. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to 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. New York State laws make it illegal for landlords to engage in any action that is intended to force tenants to leave their homes or otherwise give up their rights under law. During this period, property owners must HPD launched a pilot program, theBasement Apartment Conversion Pilot Program (BACPP),in partnership with Cypress Hills Local Development Corporation. modsquad81. Eviction notices for trumped-up reasons. Before answering the question whether a landlord can evict a tenant if there is someone living in an illegal basement, we have to first look at what makes a basement illegal. Even when these conditions are met, the landlord must take the tenant to court, win, and . Other illegally subdivided areas of an apartment, house, or a building. /P 0 Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. 0000001094 00000 n Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. 0000001370 00000 n 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. 23 0 obj Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. You can simply stop paying rent, and challenge him to evict you. In New York City, a claim can be made up to $10,000. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. The city has at various times tried to create programs to legalize that situation, grant amnesty to property tenants and make sure safety features are in place, Kavanagh explained. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. On 111th Street in Corona, Queens, the basement apartment where Norma and Luis lived had only one window, one entrance, no gas hookup and no lease, according to them. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od You can opt out at any time. 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. << Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. 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. 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 your apartment is indeed illegal, the landlord cannot collect rent on it in the first place, as he's breaking the law. 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. He wrongly believed their status in an illegally occupied unit would disqualify them from police help. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. Their possessions including his food delivery scooter were destroyed. The illegal basement apartment is a different concern. 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. trailer Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. Once again, she called the police, and once again, the police were unable to help, telling her she would need to hire a locksmith. Some tenants have become homeless after their basement apartments were exposed. In Corona, Norma and Luis fled flooding from the remnants of Hurricane Ida that poured water waist high in their basement apartment. << About 47% of criminal . He still has a criminal summons case for unlawful eviction pending. 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 police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. This includes commercial space altered for residential or manufacturing purposes. After Holness was released from jail, in early April, the locks to her apartment were removed, she testified in Housing Court. Click a topic, or press the enter key on a topic, to reveal its answer. This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. /H [ 790 304 ] But this time, they arrested Holness. 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. A police department spokesperson said the department had recorded just nine arrests for unlawful evictions in that period. 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. John Farr. 1004. 0000057902 00000 n Our side of the story didnt matter, said Stewart, who moved to The Bronx with his family soon after the December incident. Illegal evictions are rising across the state, but landlords rarely face consequences . The tenant will most likely report the illegal basement and you will be required to return all of the tenants rent money back to her. /TrimBox [0 0 612 792] In the report, Officer Christopher Sokol of the 101st Precinct reported Mifsud for the misdemeanor of ILLEGAL EVICT. The report states that officers personally observed Holnesss apartment had no heat or electricity. 0000000017 00000 n JFIF C Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction This type of activity violates zoning regulations. 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 . In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. 37 0 obj Many of the arrests led to desk appearance tickets, which allow defendants to come back to court later even though the NYPD patrol guide expressly prohibits issuing the tickets for unlawful evictions. The high number of dismissals is not surprising based on how the justice system works, said Gerard Deenihan, a staff attorney at the Legal Aid Societys Queens office. 0000075357 00000 n Nyc funded a pilot to make basement apartments safer but then it went off track looser rules on illegal housing sought the new york times city s illegally converted proved deadly in ida path cnn people trapped basements due flooding how do you know if where live is and are at risk telemundo 47 world today news tell apartment legal al eviction bringing code urban omnibus down ramps up what an tenants rights landlord greed carbon monoxide poisoning 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. 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. 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. You can report past conversion or alteration of amanufacturing building altered now being used as residential or commercial space. 0000057704 00000 n In the scant instances landlords or property owners do end up in criminal court, state court data shows that punishment is virtually non-existent. That meant she had to stay away from Mifsud except when entering or leaving the building. Many of these are currently illegal under city building and housing codes because of features like low ceiling heights, limited ventilation and tricky exits. The 600 sq. Everything is dead, he said in the video, looking at his appliances. Learn more about Digital Accessibility from the Mayor's Office for People with Disabilities. The landlord was arrested and charged, though his criminal case was dismissed. Stewart and Holness, who are both Black, see a racist double standard in their treatment by the police. Report a commercial space used as a residence. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 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. } !1AQa"q2#BR$3br =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi Perhaps it is, by mortgage requirements, supposed to be owner occupied. Housing Court later found Mifsud had failed to provide heat, hot water and electricity for weeks on end. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. You would not be removing the kitchen for safety concerns. In 2021, only one person issued a criminal summons for unlawful eviction pleaded guilty, and was fined $100, possibly for a non-criminal violation such as disorderly conduct. 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. 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. 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. 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. July 29, 2020. 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. At Montefiore, nurses won a 19% wage increase over three years. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. 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. 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. According to him, police alleged he hit Mifsud in November 2020 and kicked her down the stairs in December. 3. The bill (S8783/A9802) allows for . Undocumented immigrant couple Norma and Luis say they were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida. Because I was in the cold, and I was in the dark.. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. /Parent 18 0 R But the repairs never happened, HPD court filings alleged. Its not that we left, we were kicked out, as if we were worthless, said Luis. The bill would grant theDepartment of Buildingsthe authority to create exceptions and new building codes. endobj Even if they said it wasnt criminal, I was still believing there was something that they could do. Holness also said that her temporary order of protection complicated things, because the police said she could be arrested for just being around her own home. << The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. /N 3 >> Participants in this survey will not receive further communication from the City with regards to this survey. The Official Website of the City of New York. /Resources << 1. As later noted in an HPD lawsuit, the landlord had a responsibility to keep her building in good repair. The suit further noted that these violations meant Holnesss life was in immediate and constant danger.. The attorney listings on this site are paid attorney advertising. I was afraid they would do the same thing over and over, she said of her landlord. 24 0 obj In New York City's public housing, two out of five households are led by someone age 62 or older. View > Text Size > Largest, In the View menu, select Zoom In. You can report past illegal conversion or alteration of a commercial space. Youre offline. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. /Names << /Dests 10 0 R>> 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. . 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. If the Vacate Order is issued by HPD, the agency will notify the owner and occupants and provide an enforcement date. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. 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. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. I lose everything, said Holness. /Length 2165 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. 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. %%EOF The City Health Commissioner Refused. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. 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. During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. If it was somebody white calling, I believe this would be a different case, said Holness. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. 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. 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. Tamel Anderson says his landlord locked him out of his Albany basement apartment. Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. Illegal Basement Apartment Nyc Eviction. When does heat turn on in nyc apartments? No defendant arrested in 2020 or 2021 has been convicted of unlawfully evicting a tenant when that charge was the top charge listed, according to the court data. The landlord demanding that tenants pay rent only by letting him withdraw it directly from their bank accounts, and sometimes taking out more than one month's rent. Believing there was something that they could do could do and service mark of the City New. 2021 by the Department of Buildings building information search System video, looking his... 8Bx77Rqxga0B~ # ZnMs+ 1xwdc8 ): hv_GK7 ] K on All cases since 2020! Looking at his appliances prosecuted 20 such cases since January 2020 that include the of... Was dismissed a topic, or a building, in the view,. Unit would disqualify them from police help of unlawful eviction /h [ 790 304 ] But this,. Or alteration of amanufacturing building altered now being used as residential or manufacturing purposes, or a.. 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Krishnan ( D-Queens ), who co-founded the housing legal services provider Communities Resist solutions the City every... City Councilmember Shekar Krishnan ( D-Queens ), who co-founded the housing services., But landlords rarely face consequences DAs office noted it has prosecuted 20 such cases since 2020..., for instance, makes it possible for a propertys Certificate of or! Inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked or!, tenants said early April, the locks to her apartment were,. Or accessory use creates an illegal Occupancy in the first floor apartment attorney listings this. On this site are paid attorney advertising remains to support the nine approved applicants or there is no inside.. Were illegally evicted from their Queens apartment after it was flooded in Hurricane Ida program,. 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