stream Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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. Other illegally subdivided areas of an apartment, house, or a building. View more property details, sales history and Zestimate data on Zillow. The Brooklyn DAs office did not disclose how many cases it handled, while the Queens DA did not respond to multiple requests for comment. The bottom of any yard or other required open space cannot be higher than six inches below the window sill of any required window in the room. On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. On May 25, Housing Court Judge John S. Lansden found Holness quite credible and said there is no doubt that [she] was a tenant for the last three years and was removed from the subject premises without due process of law Holness won her case, and was granted an order to get into her apartment. /Root 21 0 R 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. 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. The price seems like a steal. 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. 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. The landlord has brought a holdover case to evict the second floor tenant. Additionally, regardless of what the lease may state or the illegality of the premises, participating in illegal activities will get the tenant evicted as if the lease were in effect. 0000001370 00000 n The judge directed Mifsud to provide keys. Vanie Mangal in the home her mother owns . /Pages 18 0 R The Far Rockaway building where Carol Holness lived, as does landlord Rachel Mifsud. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. 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]. /Names << /Dests 10 0 R>> 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. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. As a result, the second floor tenant has been living in the apartment as a month to month tenant. You can report people living in commercial space. If a Vacate Order is issued by either agency, the occupant is advised that they can receive relocation services through HPD. This article appeared in the May 6th edition of Crains New York Business. Insufficient heat and/or hot water. 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. Illegal evictions are rising across the state, but landlords rarely face consequences . In this case, since the basement is not designed for dwelling purposes, it may not be rented. You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses. %%EOF Plumbing and everything works. 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. 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 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. The basement is occupied by one family and does not include boarders. 0 This opinion is uncorrected and will not be published in the printed Official Reports. Unauthorized basement and cellar units come with risks including exit issues, unsafe gas and electrical systems, and a lack of light and ventilation, theDepartment of Buildingssays. Mifsud did not respond to multiple requests for comment from THE CITY. That meant she had to stay away from Mifsud except when entering or leaving the building. According to criminal charges, the police alleged Holness kicked Mifsud down the stairs. Can landlord evict for no reason? 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. trailer This project was produced with support from the Investigative Reporters & Editors Journalist of Color Investigative Reporting Fellowship. Basements and cellars differ in their amount of height above curb level. How to evict a tenant out of illegal basement apartment in nyc. 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. 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. What Is An Illegal Apartment In Nyc Are The . >> 0000074981 00000 n 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. Why Are Slashings Surging in City Jails? 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. Long story short we have been collecting 1,200 a month on rent from a family friend. The City Health Commissioner Refused. I was afraid they would do the same thing over and over, she said of her landlord. 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. 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. You can report past illegal conversion or alteration of a commercial space. 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. Advocacy groups that had been pressing for such an effort for more than a decade celebrated the program, hoping that it would expand to other boroughs and provide thousands of additional apartments across the city. 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. There was never a time where my side of the story meant anything to the cops. So, lets assume that a landlord owns a two family house out in Queens. A landlord in Queens says her tenants curse and spit at her and owe more than $23,000 in rent. 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. Work out something with the tenant about moving out, offer some money for moving expences! These costs can be significant. >> Kavanagh estimates 50,000 households with at least 100,000 people are living in illegal basement apartments across the five boroughs. 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. stream You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. 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. SRO dwellings are specific types of dwellings that rent out single rooms. A Housing Court judge found Holness landlord had failed to provide heat, hot water and electricity for weeks. Youre offline. Report past illegal conversion of a manufacturing space. All Rights Reserved. To do so, they must first give 14 days'. 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. We already lost everything.. THE CITY was unable to reach the landlord of their unit after multiple requests. Im not getting no help from the cops she added. Eventually, her landlord changed the locks on her door. 0000001094 00000 n Now comes the interesting part. /Prev 89579 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. (914) 965-3331 4:30 pm-8:30 am. 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 see the original article, click on the publication's link. Mayor Eric Adams, Comptroller Brad Lander, the Regional Plan Association and the Pratt Center for Community Development are also behind the legislation. You can opt out at any time. On March 3, inspectors from the city Department of Housing Preservation and Development cited immediately hazardous code violations and ordered Mifsud to provide electricity and heat. We definitely all noticed a huge uptick in these types of cases during the pandemic, said Deenihan. /S 132 /Linearized 1 ;KiadxtaV9[">)jcjT The exception to this is very narrow: the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded. Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. Copyright 2023 Law Office of Richard Kistnen. 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. But that was before COVID and cuts to local government spending. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. 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. There are several issues for an owner to to consider prior to renting out an illegal unit, including: There is a penalty, likely a fine, for violating local zoning requirements for building without permits and for unlawfully renting the unit as a separate residence; The owner may be forced to evict the tenant of the illegal unit. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. Common browsers are included in this page; mention of a specific browser does not imply endorsement or recommendation. We should recognize that they are an important part of our city's affordable housing stock and ensure they are safe for the residents.. 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. Property owners will be liened any costs incurred by the agency and provide relocation services (which may include temporary housing) to any occupants who receive these services. startxref To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. But an eviction moratorium keeps them from being kicked out. Manhattan Sen. Brian Kavanagh, who chairs the Senate Housing Committee, said his top priority before the legislative session ends early next month is to pass this bill. 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