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. 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 tenant will most likely report the illegal basement and you will be required to return all of the tenants rent money back to her. In New York, a landlord can evict a tenant for not paying rent on time. While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. The room complies with the requirements of the Housing Maintenance Code for rooms not located in the cellar or basement, e.g., minimum room size. 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. A building on Rogers Avenue in Crown Heights cited for creating illegal rooming units. Hotels are not SROs. The answer is usually pretty simple. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. July 29, 2020. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. 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). They said they last owed their landlord $200, which their rent ledger indicates they owed as of May 2021. Perhaps there are no standard size windows in a basement or no exit in case of fire. 0000073831 00000 n The time to act is now.. 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. << Stop shoveling, you are in deep enough! 6429 W Hampton Ave Apt 4, Milwaukee, WI 53218-4962 is an apartment unit listed for rent at /mo. } !1AQa"q2#BR$3br New York residents are eligible for ERAP if they meet the following criteria: Household gross income is at or below 80 percent of the Area Median Income (AMI). She also reported that her mailbox was broken and that there was a mice infestation. This type of activity violates zoning regulations. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. 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. After the flooding stopped and the water began to drain, Luis took a video of himself in a bathing suit, taking stock of their ruined possessions as he waded around his home. modsquad81. /Height 346 Lawmakers say basement tenants were reluctant to report unsafe and dangerous conditions because they lived in unauthorized housing. 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. [1] notice to pay rent or vacate the premises. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. Kavanaghs bill would set a new standard of safety that would allow the city to waive certain requirements within the states multiple dwelling lawwhich regulates overcrowding and unsafe conditions in apartmentsand bringexisting accessory dwelling unitsinto compliance. At some point, though, Luis said he heard a water sound that wasnt coming from the television. If you are the owner of an illegal basement apartment in NYC, the Bronx, Queens, Brooklyn, Staten Island, Manhattan, you may be in for some serious fines. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. 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. Its goal: to work with property owners to legalize 40 basement apartments in one- to three-family homes. They were there for an arrest.. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. This system is really rotten, you know, said Holness. Illegal Basement Apartment Nyc Eviction. 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. startxref 0000074030 00000 n The thing is, state law constrains what they can do to make them legal.. HPD did not respond to requests for comment. Most of the buildings also have numerous vacant apartments, part of a longtime pattern of warehousing, tenants said. So here is the scenario. Any alterations to an SRO must follow Single Room Occupancy regulations. 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. %PDF-1.4 Report an SRO illegally converted, overcrowded, or used as business. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. The landlord was arrested and charged, though his criminal case was dismissed. 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. But this time, they arrested Holness. Many of New York's basement apartments are illegally or informally rented because they don't meet the city's complex standards for legal occupancy. Too many of our most vulnerable community memberslow-income residents, immigrants, seniorslive in illegal basement units with no safety regulations and no protections, said Jose Miranda, member of NYC Base, a coalition of community groups, planners and lawyers that advocates for legalizing the citys basement apartments. 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. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. Report past illegal conversion of a manufacturing space. Criminal summonses, meanwhile, are adjudicated by the citys Law Department. During the dead of winter, Holness said in an interview, she wore a diaper at night and slept in 14 layers of clothing to stay warm in her barely habitable apartment. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. Mifsud did not respond to multiple requests for comment from THE 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. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Newark has free . You would not be removing the kitchen for safety concerns. % The NYPD declined to comment. Contact the Housing Division: General Housing information (914) 377-6527. And it hurt us very much to leave our home, said Norma. stream They are often furnished and rent is usually paid weekly or monthly. =)^)%!:l_@C)M]"CwtQu},6{.iimF=sWw `FCwi stream In 2021, only one person issued a criminal summons for unlawful eviction pleaded guilty, and was fined $100, possibly for a non-criminal violation such as disorderly conduct. But during the pandemic a time of extraordinary hardship for renters and landlords alike the police rarely did, even as thousands of tenants filed Housing Court cases against their landlords for the same acts. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). ;KiadxtaV9[">)jcjT 2022 All Rights Reserved. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. 11-17-2010, 06:05 PM. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od In some states, the information on this website may be considered a lawyer referral service. 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. 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. According to Norma and Luis, during the pandemic the landlord also told them incorrectly that the eviction moratorium only applied to citizens, not undocumented immigrants. I called the police, and I was so despondent. It also carries hefty civil penalties, too. Compliance with the Housing Maintenance Code for minimum room size. The majority of tenants in these units are immigrants and people of color, and we must act to protect them from future storms.. 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. Two family residential houses abound in Queens and Brooklyn. By submitting your email, you agree to our Terms and Privacy Notice. 2. One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? /Root 21 0 R /Length 2165 For assistance with your ECB/OATH violations, illegal basement violations, gas company violations, gas boiler violations, or any plumbing building violations in NYC, call John Farr at 917-324-2535. Survey participation is voluntary. The NYPD bears the responsibility to enforce the city and states unlawful eviction laws, as detailed in police bulletins, legal guidances and the police patrol guide. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. The others were dismissed by judges or dropped by district attorneys. Petitioner alleged that on or about February 12, 2021, respondent landlord Aletha Grant . Insufficient heat and/or hot water. I think its absolutely abysmal, said City Councilmember Shekar Krishnan (D-Queens), who co-founded the housing legal services provider Communities Resist. Department of Buildings Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. 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. Now comes the interesting part. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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 $820 million. After spending a night in jail, she was issued a temporary order of protection by a judge. Report past illegal conversion of a residential space. The basement is occupied by one family and does not include boarders. /Resources << /Subtype /Image The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. 0000075357 00000 n Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. An illegal conversion is an alteration or modification of an existing building to create additional apartment units without first obtaining the proper permits or approval from DOB. Perhaps you must go through a portion of another apartment to get to yours. Menu > Zoom > +, In the View menu, select Zoom. The case from the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) "there is no bar to the . As New York City Cleans Up From Ida Landlords Won T Be Fined For Illegal Basement Apartments Abc7. Because I was in the cold, and I was in the dark.. That reduced the goal of assisting 40 homeowners down to just nine already approved. During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. 0000059225 00000 n Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. /H [ 790 304 ] An official record of violations against her landlord did not help Holness who found herself a police target instead. The 600 sq. J90+Y18X[&hZV(CtoNJ|,Y,2jS\\m+L=H:\ Q&xtF&+!O8(*I,U wlR(TI\CPg3$UESk|'l`%FWj[X(UD1]@=[iSgGEH& \W !-lxT( The Corona apartment where Norma and Luis lived, the night of Hurricane Ida. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. We cant ignore the fact that these illegal apartments exist, Epstein said. 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. 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. Can landlord evict for no reason? 21 0 obj Know that saying, "if it sounds too good to be true, it probably is"? The NYC Base Campaign says more than 300,000 such units could be converted into legal homes. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. The majority of those cases were eventually dismissed, while four are still pending. 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. But that was before COVID and cuts to local government spending. Term, 2005) (emphasis added). /T 89591 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.