(914) 965-3331 4:30 pm-8:30 am. After spending a night in jail, she was issued a temporary order of protection by a judge. Its hard. Just make sure the rest of the house is in order! With the housing justice movement advancing across the U.S., residents in one New York public housing project hope to serve as a model. 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. 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. This opinion is uncorrected and will not be published in the printed Official Reports. JFIF C Its very hard.. Hurricane Ida wasnt their first inundation their home had flooded at least three times before, according to Luis. 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. However, if the problems could not be solved then it would become a vacate or evict. Evicting tenants without getting a judges order in Housing Court first is a crime in New York, and not an uncommon one. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. . Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. I was afraid they would do the same thing over and over, she said of her landlord. 0000063195 00000 n The attorney listings on this site are paid attorney advertising. Manhattan Assemblyman Harvey Epstein is sponsoring a similar bill in the Assembly. 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. 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. 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). To report active/current construction without a permit or against approved plans, go totheBuilding Construction Complaintpage. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Attorneys may be able to work out a deal with a landlord and avoid court. 2. 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). Suing her landlord in June didnt restore her to her previous home, because she was living in what the city deemed an illegal boiler room. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. After both arrests, he was released from jail and issued two temporary orders of protection, which limited his contact with Mifsud. xref Get updates on important news and legislation from this Committee. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. Perhaps it is, by mortgage requirements, supposed to be owner occupied. Prior to the pandemic, she had hoped to move but abandoned the search. Basements in one- and two-family homes can be lawfully occupied only if the following conditions are met: Basements in a one-family home can be lawfully rented only if the following conditions are met: Basements in a two-family home cannot be lawfully rented: Cellars in one- and two-family homes can never be lawfully rented. 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. An official record of violations against her landlord did not help Holness who found herself a police target instead. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz 0000074030 00000 n You rent an illegal basement apartment So, you evict a tenant the same way from any property , you follow the eviction law for your jurisdiction. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. 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. The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. 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. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. In November 2021, Judge Enedina Pilar Sanchez ordered Mifsud to pay the city in civil penalties for the dozens of days Holness was without heat and the 89 days she was without hot water, charged at $250 per day. 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. endobj These income limits differ by county and household size. Even as a pandemic eviction moratorium shields many New Yorkers, the city's housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. The landlord was arrested and charged, though his criminal case was dismissed. Eviction notices for trumped-up reasons. Both Stewart and Holness denied ever hitting Mifsud, and all of their cases were dismissed and sealed. This type of activity violates zoning regulations. 0000059225 00000 n Md&8KSwe Qp&kUnaD2JbV{S&lk_*gVZN4[2Up'os* 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. 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. The City Health Commissioner Refused. 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. Work out something with the tenant about moving out, offer some money for moving expences! 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. Now what are we going to do? asked Norma. The basement is occupied by only members of the family or families occupying the dwelling. This type of activity violates zoning regulations. /Names << /Dests 10 0 R>> 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"). 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. Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . Report past illegal conversion of a manufacturing space. 0000057902 00000 n The city estimates there are roughly 50,000 illegal basement apartments in New York City. Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. /Subtype /Image 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. These represent extreme circumstance and are issued at the urgency of the households safety and well-being, he said. Members and sponsors make THE CITY possible. Even if they said it wasnt criminal, I was still believing there was something that they could do. The most important was our underwear and our uniforms, because we were supposed to be working, said Norma. << 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 . 0000075357 00000 n Most browsers include functionality to let you increase or decrease the text on a web page. 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. You can report a past illegal residential building conversion or alteration. /TrimBox [0 0 612 792] Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. The NYPD always or almost always will send it to Housing Court as a housing matter. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. By submitting your email, you agree to our Terms and Privacy Notice. /Length 53886 There was never a time where my side of the story meant anything to the cops. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Norma said they piled as many of their possessions as they could on their soaked furniture before rushing out. 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. 0000057704 00000 n Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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. 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. << Looking to start a holdover eviction? 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. Because it was possible that they wouldnt help us, they would say we were renting illegally so we cant do anything, thats why I said we are not going to call, said Luis. 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. ZLIjjg}&%Ns834V\-"b^'.!h%vXZ"" @Pb_V;kt.u-AH Participants in this survey will not receive further communication from the City with regards to this survey. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. 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. Groups advocating to legalize more basement living quarters where it can be done safely estimate based on a tally of housing units unaccounted for by the 2000 Census that more than 114,000 New Yorkers live in such apartments. But this time, they arrested Holness. Eventually, her landlord changed the locks on her door. The Certificate of Occupancy says that on your floor only four apartments are permitted but you know that there are five apartments. Demonstrators in Manhattan this month calling for an expansion of the eviction moratorium. 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. To do so, they must first give 14 days'. You can report a residential space used as a business. /Height 346 View > Text Size > Largest, In the View menu, select Zoom In. In general, rent stabilization in New York City applies to buildings of six or more units built between February 1, 1947 and December 31, 1973. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. Report a commercial space used as a residence. 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 . Details about the original use of the building, Details about the new use of the building. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. The tenant may be able to win in other ways. To change the text size on NYC.gov you can use your web browser's settings. They are often furnished and rent is usually paid weekly or monthly. Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. 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. 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. So all my furniture, what I have personal belongings, nothing, I get nothing. The answer is usually pretty simple. It was their home for 7 years, they said, but they also called it a deadly trap, because their only window had security bars. The illegal basement apartment is a different concern. %PDF-1.4 /Name /Im24 A third category of rent stabilized apartments covers buildings with three or . But none of that money will go to Holness. HPD inspected Holnesss apartment again on March 22 and issued three more immediately hazardous violations, because she again lacked electricity or hot water. 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. 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. 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. 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. July 29, 2020. The Bronx DAs office said their office prosecuted 11 cases carrying an unlawful eviction charge since 2018, resulting in one guilty plea. The guide lists specific instructions for arresting landlords if an officer has probable cause some sign that the law is likely broken. You would not be removing the kitchen for safety concerns. 1004. 3 You don't have permissions to view these records. 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. Advocates say that the tenants living in an estimated tens of thousands of basement apartments represent some of the citys most vulnerable residents. 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. Even if Lynch doesn't show up having the violation will work in your favor for eviction. Holness kept calling the police, and officers wrote up two incident slips on March 21 noting her reports of harassment and illegal eviction. Click a topic, or press the enter key on a topic, to reveal its answer. The NYC Department of Buildings tacked a notice of inspection at my door.They came during the day when I'm at work. << City of New York. Holnesss arrest was the third time in five months that officers in the 101st Precinct arrested one of Mifsuds tenants. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. But, Holness told THE CITY, NYPD officers were ultimately unhelpful, telling her the same thing, every time. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. Issued a temporary order of protection, which limited his contact with Mifsud and to... 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