Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law. Below are the individual steps of the eviction process in New York. I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. The answer is usually pretty simple. It can be hard to know what category you fall into. New York City’s Department of Housing Preservation and Development has issued Vacate Orders to tenants from nearly 100 dwellings despite the ongoing pandemic. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. Its a legal two family house, however the landlord lives in an the basement apartment. See some statistics and helpful information about illegal apartments in New York City. 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. I’m not 100% on this but I’m pretty sure your friend is incorrect. 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. If your apartment is like this, it may be an illegal apartment: 1. Your IP: 54.165.207.221 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). When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. Two family residential houses abound in Queens and Brooklyn. New York Eviction Process Timeline. 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. Its zoned for two family. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. In our example, we were using a two family residential house in Queens. 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. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. With the housing shortage in New York City and the surrounding areas, the rise of 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. 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. Copyright 2020 Law Office of Richard Kistnen. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. The rental agreement in many states becomes unenforceable. Are you living in a basement? No, basement apartments are not per se illegal in NYC. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. 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 … First and foremost, the subterranean space must be a basement, not a cellar. 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. A nationwide ban on evictions will expire Dec. 31 with no replacement in sight. To find your local courthouse, visit the New York Courts’ online court locator. 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. 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. As a property owner you have the right to evict illegal tenants from your basement. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … Second units can help provide affordable housing, but they also need to be safe and livable. Law § § 235 and 853). If you know you have an illegal basement apartment … Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. In this case, since the basement is not designed for dwelling purposes, it may not be rented. Been living here paying rent and utilities since feb 2016. to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. Please enable Cookies and reload the page. A group of protesters managed to stop what officials called a heartless and The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. That penalty for renting an illegal apartment does not include any fines the landlord … A holdover case is a case where the landlord is seeking to recover possession of the unit. Now comes the interesting part. 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 tenant states he is in the process of moving out, but he refuses to pay rent, daring my father to take him to court. However the landlord lives in the basement apartment. As a result, the second floor tenant has been living in the apartment as a month to month tenant. 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. The building was recently sold and purchaser was aware of my protected tenant status. Kumar, one last reply. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. 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. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. My father rented a basement apartment to a tenant who refuses to pay rent. 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. The apartment it illegal in the eyes of the county, but it has all the exits i need. 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. 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. Fact is the apartment is illegal, i live on a month to month basis. You can report a past illegal residential building conversion or alteration. 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. 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. The apartment has no separate electrical or gas meters. 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. Another way to prevent getting this page in the future is to use Privacy Pass. Step 1: Notice is Posted. 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. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. 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. by Renz1088 » Wed Dec 27, 2017 6:08 pm . These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. 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. a. That is beside the point. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? 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. Term, 2005) (emphasis added). turn basement apartments into legal, safe, affordable housing, but renters worry increases Under RPAPL 768, it is an unlawful eviction if a … What specific NY laws govern, when a landlord lives on the premises. Let’s also not forget an important fact in our example: there is someone living in an illegal basement. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. WHAT LAW GOVERNS Tenant Eviction from Illegal Basement Apartment. It really is safe. 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. 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 … Unlawful eviction. Units that only exit into a garage are usually illegal. 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. Eviction … A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. Location: New York City. The rental agreement in many states becomes unenforceable. A recent New York Times article described the makeshift and Penalties can vary dramatically from one city to the next. At the same time, New York State issued an eviction moratorium to protect renters. That is beside the point. 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. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. As a property owner you have the right to evict illegal tenants from your basement. This is already on the calendar in Landlord tenant court. 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. 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 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. But, the most common of all illegal apartments are in the basement of a building. The house is a legal two family house. 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 Nolo article Illegal Eviction Procedures in New York has more information on … Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my 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? My father rented a basement apartment to a tenant who refuses to pay rent. Eviction laws vary by state, but laws in all states follow roughly the same basic process. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. What makes a basement illegal? Been living here paying rent and utilities since feb 2016. Looking to evict a tenant? Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. 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. It all depends on what kind of person you are? Yet, both family are occupied by tenants. NYC Administrative Code § 26-521. Basement Apartments: not all basement apartments are illegal. 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. 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. 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. Cloudflare Ray ID: 606da992ce9dcf44 The entrance to the basement is separate from ... Tenant Eviction from Illegal Basement Apartment. … This type of behavior is often referred to as a “self-help” eviction. 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 … Subdividing other areas of an apartment, house, or a building illegally. The entrance to the basement is separate from the main entrance. But you still need to follow the law when evicting a … It really is safe. 2 posts • Page 1 of 1. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; Here's the story: My wife and I live in an illegal basement apartment (c of o … 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 by TenantNet » Wed Dec 27, 2017 6:24 pm . 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. Hello everyone. 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. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. Illegal Eviction Law. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. The house is a legal two family. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. NYC Administrative Code § 26-521. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? Type of behavior is often the case, since the basement is not considered part of two... 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