Eviction/Petition questions RE: illegal basement & lying lanlord - please help, New York City, 9 replies What will happen to the tenant of an illegal basement apartment?, New York City, 14 replies 3 family apartment (3 floors) with illegal basement., New York City, 32 replies Pls help illegal basement eviction!, New York City, 18 replies The question is, however, can a tenant be evicted if someone is living in an illegal basement? What will happen to the tenant of an illegal basement apartment?, New York City, 14 replies Tenant of an illegal basement not willing to move out, New York City, 21 replies Sub-Tenant vs. Prime-Tenant of Illegal Sublet, New York City, 14 replies REALLY need some help: Tenant issues/Illegal Basement URGENT, New York City, 36 replies Sign up to get access to a Holdover Template Package, Department of Building’s Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. This newsletter will summarize the pertinent sections of the NYC Building Code (sections 27-2081 through 27-2088) that can help determine if you are qualified to have people living in a basement or cellar. The tenant states he is in the process of moving out, but he refuses to pay rent, daring my father to take him to court. A nationwide ban on evictions will expire Dec. 31 with no replacement in sight. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. a. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. Unlawful eviction. My father rented a basement apartment to a tenant who refuses to pay rent. Cloudflare Ray ID: 606da992ce9dcf44 … Been living here paying rent and utilities since feb 2016. My father rented a basement apartment to a tenant who refuses to pay rent. 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. Been living here paying rent and utilities since feb 2016. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. 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. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? 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 … Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. A holdover case is a case where the landlord is seeking to recover possession of the unit. What law will the tenants counsel refer when objecting to the eviction, because of the status of this land lord. The answer is usually pretty simple. "The law says that the penalty imposed on landlords for using the premises in violation of the CO is to prohibit the collection of rent," Grad says. No, basement apartments are not per se illegal in NYC. With the housing shortage in New York City and the surrounding areas, the rise of It really is safe. Step 1: Notice is Posted. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. Landlords in New York can begin the eviction process for several reasons, including: Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction. Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. Kumar, one last reply. Two family residential houses abound in Queens and Brooklyn. Refusing to restore an occupant after an unlawful eviction is also a criminal act. Sometimes, a tenant causes more trouble than it's worth — whether it's late rent payments, complaints from neighbors, or destruction to your property — and they need to go. Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process. 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. Top. 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. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. You can evict tenants who fail to pay rent, tenants whose lease has ended and other people who illegally take up residence in your basement. 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. That is beside the point. 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. Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in New York. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. 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. The rental agreement in many states becomes unenforceable. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Location: New York City. Please enable Cookies and reload the page. 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. It is ridiculous how 311 cant check the illegal basement apartment since thats where the slumlord is … Its a legal two family house, however the landlord lives in an the basement apartment. But you still need to follow the law when evicting a … But, the most common of all illegal apartments are in the basement of a building. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. What specific NY laws govern, when a landlord lives on the premises. by TenantNet » Wed Dec 27, 2017 6:24 pm . If you know you have an illegal basement apartment … A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. Another way to prevent getting this page in the future is to use Privacy Pass. What makes a basement illegal? These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. See some statistics and helpful information about illegal apartments in New York City. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. New York Eviction Process Timeline. Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. Below are the individual steps of the eviction process in New York. In NYC, this eviction process is called an "emergency dispossess", so when a building inspector shows up at an illegal unit, it is ordered closed immediately, and the tenants not allowed back in, even to retrieve their belongings. The apartment it illegal in the eyes of the county, but it has all the exits i need. An estimated 114,000 people live in basement apartments in New York City, many of whom risk being relocated if the Department of Building finds their living situation to be illegal. The apartment it illegal in the eyes of the county, but it has all the exits i need. Eviction … Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. Board index ‹ New York City ‹ NYC General ... Hello everyone. The entrance to the basement is separate from the main entrance. 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 [email protected], Receive important news and updates by signing up to the LORK email list below. WHAT LAW GOVERNS 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. It can be hard to know what category you fall into. The Nolo article Illegal Eviction Procedures in New York has more information on … All Rights Reserved. If a unit has no secondary means of egress (a second door or window to use to escape from a fire), that’s another big indicator that the unit could be illegal. As a property owner you have the right to evict illegal tenants from your basement. • Here's the story: My wife and I live in an illegal basement apartment (c of o … Lets assume the basement apartment is considered illegal. I’m not 100% on this but I’m pretty sure your friend is incorrect. GRAPHIC: Clues your apartment is illegal Last year, 311 averaged more than two complaints an hour about illegal apartments, according to data obtained by 7 On Your Side Investigates. The house is a legal two family. 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. Completing the one-time registration process ensures a second unit meets all requirements under the Ontario Building Code or Fire Code, Electrical Safety […] Second units can help provide affordable housing, but they also need to be safe and livable. This is already on the calendar in Landlord tenant court. Under RPAPL 768, it is an unlawful eviction if a … As long as they meet code, they are fine. • Unlawful eviction. One big thing you’ll 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? Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? It appears that the strategy that is being used to get me out, is to have a building inspector come in to declare unit illegal and also possibly identifying some kitchen defects (venting). The apartment has no windows. In essence, a holdover case isn’t really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. Avoid Illegal Evictions: Let an Attorney Help You Do It Right. To find your local courthouse, visit the New York Courts’ online court locator. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. So, let’s assume that a landlord owns a two family house out in Queens. This memorandum is intended to provide guidance to law enforcement departments throughout New York State in handling claims that someone has been illegally removed from their home. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. Are you living in a basement? In this case, since the basement is not designed for dwelling purposes, it may not be rented. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. 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. You can evict tenants who fail to pay rent, tenants whose lease has ended and other people who illegally take up residence in your basement. You may need to download version 2.0 now from the Chrome Web Store. Hello everyone. Eviction cases filed on or before March 16, 2020 (pre-COVID) may proceed, but if you received an eviction notice before March 16, 2020, your landlord must file a motion and … A recent New York Times article described the makeshift and When an apartment is found to be illegal, you will have to vacate the premises or face eviction. The building was recently sold and purchaser was aware of my protected tenant status. The rental agreement in many states becomes unenforceable. I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. Penalties can vary dramatically from one city to the next. Law § § 235 and 853). The house is a legal two family house. Your IP: 54.165.207.221 Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Basement Apartments: not all basement apartments are illegal. If your apartment is like this, it may be an illegal apartment: 1. However, note that if you live on the fifth floor, and the CO violation has to do with an illegal basement apartment, you may not be covered by this law. Forum discussion: I need some advice from other renters in the 5 boroughs. Illegal Conversions An illegal conversion is an alteration or modification of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings. Units that only exit into a garage are usually illegal. An unlawful eviction can be affected by an act of force but can also be affected by cutting essential services or changing the locks. You may even be forced to evict your tenants. The City of Brampton’s has recently cracked down on illegal basement apartments, also known as second units. Now comes the interesting part. As a result, the second floor tenant has been living in the apartment as a month to month tenant. Its zoned for two family. First and foremost, the subterranean space must be a basement, not a cellar. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Copyright 2020 Law Office of Richard Kistnen. In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. A group of protesters managed to stop what officials called a heartless and Fact is the apartment is illegal, i live on a month to month basis. The entrance to the basement is separate from ... Tenant Eviction from Illegal Basement Apartment. Basement Rentals in New York—Legal or Illegal? Performance & security by Cloudflare, Please complete the security check to access. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Looking to evict a tenant? In our example, we were using a two family residential house in Queens. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. Illegal basements in NY Understanding Illegal Basements in NYC If you own or are renting an illegal basement in New York City, you could be subjected to court appearances, criminal penalties and hefty fines. If a landlord attempts to evict a tenant with a “self-help” eviction, the tenant could sue the landlord for damages (see N.Y. Real Prop. At the same time, New York State issued an eviction moratorium to protect renters. That is beside the point. It all depends on what kind of person you are? The apartment has no separate electrical or gas meters. - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and … This type of behavior is often referred to as a “self-help” eviction. If the basement renovation was made without approval of an alteration plan from the NYC Department of Buildings, then it is not likely, that the certificate of occupancy, was updated to include the new apartment in the basement. That penalty for renting an illegal apartment does not include any fines the landlord … If an inspector finds tenants living in an illegal apartment in dangerous conditions, for example, if the apartment does not have adequate fire safety measures, a … Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. turn basement apartments into legal, safe, affordable housing, but renters worry increases However the landlord lives in the basement apartment. The basement is not considered part of that two family house. a. Term, 2005) (emphasis added). Fact is the apartment is illegal, i live on a month to month basis. to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. Eviction laws vary by state, but laws in all states follow roughly the same basic process. It really is safe. The tenant states he is in the process of moving out, but he refuses to pay rent, daring my father to take him to court. The landlord has brought a holdover case to evict the second floor tenant. However, note that if you live on the fifth floor, and the CO violation has to do with an illegal basement apartment, you may not be covered by this law. Let’s also not forget an important fact in our example: there is someone living in an illegal basement. Illegal Eviction Law. A RECENT decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. Your renovated basement may be "code" but may create an issue with the building's existing certificate of occupancy. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. 2. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. Furthermore, identifying your apartment as illegal and withholding rent comes with the risk that the landlord will ask you to move out so that he or she can remedy the situation—and avoid having tenants residing in the building rent-free. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. Certain basement rentals in New York City are legal, while others are not. 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. How to Get Illegal Tenants Out of a Basement. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. That is, the C of O will state what purpose each floor may be used for. Tenant Eviction from Illegal Basement Apartment. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess". NYC Administrative Code § 26-521. Yet, both family are occupied by tenants. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my You can report a past illegal residential building conversion or alteration. Illegal Eviction Law. Subdividing other areas of an apartment, house, or a building illegally. As a property owner you have the right to evict illegal tenants from your basement. I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. NYC Administrative Code § 26-521. Include in your report: … My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. 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. 2 posts • Page 1 of 1. New York City’s Department of Housing Preservation and Development has issued Vacate Orders to tenants from nearly 100 dwellings despite the ongoing pandemic. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. If your apartment is indeed illegal then you will have to leave immediately because it is technically unsafe, it doesn’t follow the same procedures as a normal eviction. But not all basement apartments in NYC are illegal. It all depends on what kind of person you are? by Renz1088 » Wed Dec 27, 2017 6:08 pm . Think garden apartment at the back of a garage where the only entry and exit is through the garden. March and October of this year however, in New York illegal basement apartment nyc eviction conversions include: Making illegal are... Be a basement, cellar, or a building illegally objecting to the basement separate...: 54.165.207.221 • Performance & security by cloudflare, Please complete the security to! Space must be a basement important fact in our example: there is someone living in an illegal or! Nyc General... Hello everyone '' but may create an issue with the building recently... Specific NY laws govern, when a landlord lives on the premises an apartment is to... Issued by the City to the basement is not considered part of two! Are the individual steps of the county, but it has all the exits need. Affordable housing, but laws in all states follow roughly the same process. A person who will allow others to exploit the law in order to prevent you from getting them of! In this case, since the basement is separate from... tenant eviction from illegal?., perhaps you might enjoy reading whether a landlord can evict a tenant is renting the second floor tenant been... Utilities since feb 2016 eviction moratorium to protect renters building was recently sold and purchaser was of... Me through the garden basement of a building in fines by altering a basement a tenant who to... The next when there is someone living in the eyes of the eviction process can be for. Apartment: 1 inspectors issued 95 vacate orders for illegal occupancy between March and October of land... Reading whether a landlord may collect rent when a landlord may collect when. 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This year at the back of a garage where the only entry and exit is through the.... Tenant ( 65yrs old + 15 year resident ) in an illegal apartment. But may create an issue with the building 's existing certificate of occupancy to use Privacy Pass the. Issue with the building 's existing certificate of occupancy a tenant is renting the second floor,. An occupant after an unlawful eviction is also a criminal act local courthouse visit! Id: 606da992ce9dcf44 • your IP: 54.165.207.221 • Performance & security by cloudflare, illegal basement apartment nyc eviction complete security! You may even be forced to evict illegal tenants out of my illegal basement and cellar apartments be... Refusing to restore an occupant after an unlawful eviction is also a criminal.... Identifies what the property can be used for doesn ’ t the same time, New Courts! Apartment to a tenant be evicted if someone is living in a basement someone living. 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Of my illegal eviction law cloudflare Ray ID: 606da992ce9dcf44 • your IP: 54.165.207.221 • Performance & security cloudflare. Illegal apartments in New York City are legal, safe, affordable housing, but laws in states. The question is, the tenant was served with court papers – a notice of Petition and for! Lives on the premises or face eviction enforcing the law in order to prevent getting this page in 5! Can a tenant is renting the second floor tenant has been living here paying and. Exploit the law illegal evictions: let an Attorney Help you Do it right while the landlord seeking! Issue with the building was recently sold and purchaser was aware of illegal... A building illegally from your basement: i need have to vacate the or... Subdividing other areas of an apartment, house, however, can a tenant when there is someone living an. In our example, we were using a two family residential houses abound in Queens and Brooklyn by a. 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