2022 All Rights Reserved. These costs can be significant. 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. 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. THE CITY was unable to reach the landlord of their unit after multiple requests. In some states, the information on this website may be considered a lawyer referral service. But this time, they arrested Holness. Report past illegal conversion of a commercial space. Norma and Luis did not call the police to report an alleged lockout, they said, after seeing what happened to a neighbor who tried. 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. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. You will also be fined for having an illegal basement rental. 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. Eviction notices for trumped-up reasons. 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. 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. This type of activity violates zoning regulations. 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]. 24 0 obj O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream To change the text size on NYC.gov you can use your web browser's settings. If it wasnt obvious basements needed a pathway to legalization before, now were seeing that having no legal protections makes you exponentially more vulnerable during a pandemic like this, said Will Spisak, of Chhaya Community Development Corporation. /MediaBox [0 0 612 792] These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. The others were dismissed by judges or dropped by district attorneys. 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. [1] notice to pay rent or vacate the premises. The landlord may be able to cure the problems and the tenant would be permitted to stay. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. 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 a rooming house, boarding house, or other Single Room Occupancy (SRO) dwelling that is used as a business, illegally converted, or overcrowded. I own a apartment building in the Brooklyn ny, everything is up to code. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. Cellars in one- and two-family homes cannot be lawfully used for sleeping, eating, or primary. endobj NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions While thousands of tenants have filed cases claiming their landlords locked them out to defy the eviction moratorium, just a handful have been charged for the crime. A month later, her landlord removed all of her belongings and changed the locks. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment. The majority of those cases were eventually dismissed, while four are still pending. So on September 1, 2021, when they believed the worst of Ida was behind them, Luis said they watched a movie and ate steak tacos. The city estimates there are roughly 50,000 illegal basement apartments in New York City. 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. >> 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 . Heating Regulations for the City of Yonkers. This opinion is uncorrected and will not be published in the printed Official Reports. %%EOF The NYPD made just 39 arrests for the crime of unlawful eviction in 2020 and 2021, when that crime was the top charge listed at arraignment, state court data shows. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. As a result, the second floor tenant has been living in the apartment as a month to month tenant. 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. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. For example, to increase text size using: In the menu to the right of the address bar, select and set Zoom level. 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 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. You can report a residential space used as a business. 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. For a subterranean apartment to potentially qualify as a legal living space approved by the Department of Buildings, more than half of its height must be above curb level. Or, perhaps the building is not registered with the city as an apartment or rental unit. You can opt out at any time. But Holness said she never got the keys. You can report a past illegal residential building conversion or alteration. 0000064661 00000 n The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. /Info 19 0 R Basement Apartment Conversion Pilot Program (BACPP). The tenant doesnt move, so is then served with court papers a Notice of Petition and Petition for Holdover. (914) 377-6560 8:30 am -4:30 pm. 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. 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. Perhaps there are no standard size windows in a basement or no exit in case of fire. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. 1. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. View more property details, sales history and Zestimate data on Zillow. 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. 3. 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). By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Menu > Zoom > +, In the View menu, select Zoom. 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. 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. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. We Asked Four People With Inside Knowledge. The attorney listings on this site are paid attorney advertising. 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. 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.". Its hard. /Type /Catalog Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Looking to start a holdover eviction? After an argument over the heat, Mifsud called Stewart the n-word repeatedly in the texts. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. In a July 2021 sworn affidavit in Housing Court, Holness said Mifsud had thrown her TV in the trash and that she was still missing a dining room set, three bed sets and an entertainment center. Since May, Holness hasnt been able to return to her apartment. 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. The illegal basement apartment is a different concern. City & State contacted prosecutors in ten of the state's most populous counties, including the five boroughs of New York City.

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