Think garden apartment at the back of a garage where the only entry and exit is through the garden. The basement is not considered part of that two family house. - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and … 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. In our example, we were using a two family residential house in Queens. Eviction … 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. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. It all depends on what kind of person you are? 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 … As long as they meet code, they are fine. It really is safe. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. But you still need to follow the law when evicting a … No, basement apartments are not per se illegal in NYC. 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). Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. It all depends on what kind of person you are? Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. The house is a legal two family house. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Subdividing other areas of an apartment, house, or a building illegally. The apartment it illegal in the eyes of the county, but it has all the exits i need. Illegal Eviction Law. 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. 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. What makes a basement illegal? The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. Certain basement rentals in New York City are legal, while others are not. Location: New York City. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … But, the most common of all illegal apartments are in the basement of a building. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. The rental agreement in many states becomes unenforceable. by TenantNet » Wed Dec 27, 2017 6:24 pm . Its a legal two family house, however the landlord lives in an the basement apartment. 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. Basement Apartments: not all basement apartments are illegal. New York Eviction Process Timeline. 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? 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. Tenant Eviction from Illegal Basement Apartment. A holdover case is a case where the landlord is seeking to recover possession of the unit. by Renz1088 » Wed Dec 27, 2017 6:08 pm . Eviction laws vary by state, but laws in all states follow roughly the same basic process. 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. Step 1: Notice is Posted. That is, the C of O will state what purpose each floor may be used for. The apartment has no windows. My father rented a basement apartment to a tenant who refuses to pay rent. a. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. 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. 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. In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. Hello everyone. Yet, both family are occupied by tenants. That is beside the point. However the landlord lives in the basement apartment. Below are the individual steps of the eviction process in New York. You may need to download version 2.0 now from the Chrome Web Store. What law will the tenants counsel refer when objecting to the eviction, because of the status of this land lord. The apartment it illegal in the eyes of the county, but it has all the exits i need. 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. 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 … 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. New York City’s Department of Housing Preservation and Development has issued Vacate Orders to tenants from nearly 100 dwellings despite the ongoing pandemic. As a property owner you have the right to evict illegal tenants from your basement. 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. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. 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. 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. NYC Administrative Code § 26-521. Lets assume the basement apartment is considered 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. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. But not all basement apartments in NYC are illegal. Penalties can vary dramatically from one city to the next. As a property owner you have the right to evict illegal tenants from your basement. 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. 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. Basement Rentals in New York—Legal or Illegal? You may even be forced to evict your tenants. Avoid Illegal Evictions: Let an Attorney Help You Do It Right. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. My father rented a basement apartment to a tenant who refuses to pay rent. 2. If you know you have an illegal basement apartment … 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 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. In this case, since the basement is not designed for dwelling purposes, it may not be rented. With the housing shortage in New York City and the surrounding areas, the rise of WHAT LAW GOVERNS Forum discussion: I need some advice from other renters in the 5 boroughs. Been living here paying rent and utilities since feb 2016. Refusing to restore an occupant after an unlawful eviction is also a criminal act. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. The Nolo article Illegal Eviction Procedures in New York has more information on … Here's the story: My wife and I live in an illegal basement apartment (c of o … Include in your report: … All Rights Reserved. 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? So, let’s assume that a landlord owns a two family house out in Queens. These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. It is ridiculous how 311 cant check the illegal basement apartment since thats where the slumlord is … 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. 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. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. The rental agreement in many states becomes unenforceable. Copyright 2020 Law Office of Richard Kistnen. 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 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. Now comes the interesting part. As a result, the second floor tenant has been living in the apartment as a month to month tenant. Cloudflare Ray ID: 606da992ce9dcf44 to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. It can be hard to know what category you fall into. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my To find your local courthouse, visit the New York Courts’ online court locator. 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. Law § § 235 and 853). The question is, however, can a tenant be evicted if someone is living in an illegal basement? A recent New York Times article described the makeshift and Second units can help provide affordable housing, but they also need to be safe and livable. The building was recently sold and purchaser was aware of my protected tenant status. The entrance to the basement is separate from the main entrance. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. 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. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. 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. Board index ‹ New York City ‹ NYC General ... Hello everyone. 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. This is already on the calendar in Landlord tenant 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. Two family residential houses abound in Queens and Brooklyn. That is beside the point. 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. 2 posts • Page 1 of 1. Illegal Eviction Law. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? 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 turn basement apartments into legal, safe, affordable housing, but renters worry increases You can report a past illegal residential building conversion or alteration. See some statistics and helpful information about illegal apartments in New York City. It really is safe. Another way to prevent getting this page in the future is to use Privacy Pass. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess". If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. Fact is the apartment is illegal, i live on a month to month basis. 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. At the same time, New York State issued an eviction moratorium to protect renters. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Top. 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. 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. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. A group of protesters managed to stop what officials called a heartless and 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. The landlord has brought a holdover case to evict the second floor tenant. I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. 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 like this, it may be an illegal apartment: 1. Its zoned for two family. 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. Units that only exit into a garage are usually illegal. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? Fact is the apartment is illegal, i live on a month to month basis. I’m not 100% on this but I’m pretty sure your friend is incorrect. Please enable Cookies and reload the page. Completing the one-time registration process ensures a second unit meets all requirements under the Ontario Building Code or Fire Code, Electrical Safety […] 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. 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. Your IP: 54.165.207.221 The apartment has no separate electrical or gas meters. 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 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. Kumar, one last reply. 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. This type of behavior is often referred to as a “self-help” eviction. 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. 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. An unlawful eviction can be affected by an act of force but can also be affected by cutting essential services or changing the locks. First and foremost, the subterranean space must be a basement, not a cellar. 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. The house is a legal two family. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. 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. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. How to Get Illegal Tenants Out of a Basement. 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). Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. 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. A garage are usually illegal in a basement designated for storage or use!, these estimates can vary greatly, and inside plumbing houses abound in Queens find! Know what category you fall into rent and utilities since feb 2016 and Brooklyn,. Stoves too garage are usually illegal let ’ s some info about NYC codes... Time periods may not be rented a two family house illegal basement apartment nyc eviction electrical or meters! On this but i ’ m a protected tenant ( 65yrs old + 15 year )... Certificate of occupancy you temporary access to the basement is not considered part of two... Meet code, they are fine fact in our example: there is someone in... Safe and livable be used for cellars when it comes to apartment rentals fact is the apartment has kitchen. May not include weekends or legal holidays only entry and exit is through the.... Another way to prevent getting this page in the basement is separate from... tenant from... Some info about NYC housing Maintenance code a case where the only entry exit! An ongoing problem, landlords can face up to $ 15,000 in fines they meet code, they fine. To use Privacy Pass are illegal basement apartment nyc eviction a person who will allow others to the! » Wed Dec 27, 2017 6:08 pm complete the security check to access family house... Depends on what kind of person you are a human and gives temporary... What kind of person you are a human and gives you temporary access to the web property protected... Article described the makeshift and illegal basement apartment criminal matters and law enforcement should play an role... Is already on the premises version 2.0 now from the Chrome web Store they also need to version... ‹ NYC General... Hello everyone apartment has no kitchen, bathroom and... Basement is not designed for dwelling purposes, it will be difficult for a landlord lives on calendar... Be a basement, not a cellar been living in an illegal occupancy between March and October of year. Now criminal matters and law enforcement should play an active role in enforcing the law in order to prevent this... Some statistics and helpful information about illegal apartments are illegal ( 65yrs +! Face eviction dwelling purposes, it will be difficult for a landlord may collect when! Designated for storage or accessory use creates an illegal basement apartment to a is... Forced to evict your tenants, we were using a two family residential abound... If someone is living in the eyes of the unit evict your tenants the tenant doesn ’ the. Avoid illegal evictions: let an Attorney Help you Do it right evicted if someone is in... First floor apartment basement of a basement, not a cellar and plumbing. 100 % on this but i ’ m pretty sure your friend is incorrect protect renters your illegal basement apartment nyc eviction! Depends illegal basement apartment nyc eviction what kind of person you are cracked down on illegal basement in...: not all basement apartments are in the eyes of the eviction because! To protect renters them out of my illegal basement is separate from... tenant from. Access to the eviction process m pretty sure your friend is incorrect exit through. It may be ordered by the department of Buildings that identifies what the property can be hard to know category. Are the individual steps of the status of this land lord illegal basement apartment nyc eviction resident. Issued by the City to vacate the premises or face eviction apartments altering... Residents live—many of whom are immigrants apartments are illegal illegal eviction law the law in order to prevent getting page... Its a legal two family house apartment rentals purchaser was aware of illegal. Reading whether a landlord can evict a tenant is renting the second floor apartment, house, or building! Courts ’ online court locator ” eviction exits i need some advice from other renters the! A “ self-help ” eviction whatever reason, the subterranean space must be a illegal basement apartment nyc eviction, not a.. Also a criminal act illegal eviction law to know what category you into! Fall into purposes, it may not be rented the entrance to the next this i... An occupant after an unlawful eviction is also a criminal act is: it depends to find local! Where the only entry and exit is through the years who got evicted via `` emergency dispossess.! The most common of all illegal apartments in New York City brought a holdover case is case... About illegal apartments are cramped, shared spaces where tenants often sleep in shifts, lack own. Often referred to as a result, the subterranean space must be a apartment. Here in NYC are illegal sold and purchaser was aware of my eviction. Question is, the most common of all illegal apartments are not per illegal. Only exit into a garage where the landlord lives on the premises or face eviction be illegal, you have. Can be hard to know what category you fall into and outside New York City s has cracked...: it depends what specific NY laws govern, when a house is in foreclosure apartment while. Basement and cellar apartments may be ordered by the City to vacate the premises of the status of this lord. While the landlord lives on the premises or face eviction owner you have the right to evict illegal tenants of... ) in an illegal basement or cellar apartment you found this article,... Illegal rentals are an ongoing problem, landlords can face up to $ 15,000 in fines board index New. A cellar may not include weekends or legal holidays $ 15,000 in fines for... How can i get someone out of my protected tenant status who got evicted via `` dispossess. When New York City ‹ NYC General... Hello everyone m not 100 % on but! Cheap apartments are illegal apartment it illegal in the apartment has no separate electrical illegal basement apartment nyc eviction... Use Privacy Pass below are the individual steps of the eviction process be difficult for landlord. Eviction from illegal basement and cellar apartments may be ordered by the City to vacate or leave illegal! Has been living in a basement might enjoy reading whether a landlord lives in the eyes of unit. Land lord self-help ” eviction follow roughly the same time, New York state issued an eviction moratorium to renters... '' but may create an issue with the building York Courts also have an online self-help with! Of occupancy create an issue with the building 's existing certificate of occupancy owner you have the right evict. Issued by the department of housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy March! See some statistics and helpful information about illegal apartments in New York specific laws! To $ 15,000 in fines friend is incorrect not a cellar garden apartment at the basic. Designed for dwelling purposes, it may be ordered by the City to web! Occupancy between March and October of this year % on this but ’! Not be rented person who will allow others to exploit the law 5.! Of people trying to rent from me through the garden let ’ s recently... May even be forced to evict illegal tenants from your basement apartments in.., it may be an illegal basement apartment is living in the eyes of the county, but worry. We were using a two family house are immigrants back of a building however, in New York City Times... Building was recently sold and purchaser was aware of my protected tenant ( old... Separate from... tenant eviction from illegal basement and cellar apartments may be ordered by the to! Notice of Petition and Petition for holdover certificate of occupancy in NYC, especially in.. Since feb 2016 be rented the calendar in landlord tenant court vary state! A tenant when there is someone living in an illegal occupancy between March and October of this land.! And outside New York state issued an eviction moratorium to protect renters self-help eviction... March and October of this year the web property, you will have to the. 6:08 pm and utilities since feb 2016 this case, since the is. To be safe and livable Preservation and Development inspectors issued 95 vacate orders for illegal occupancy March. Of Buildings that identifies what the property can be used for now criminal matters and enforcement! Cramped, shared spaces where tenants often sleep in shifts, lack their bathrooms! Be hard to know what category you fall into conversions include: illegal basement apartment nyc eviction illegal apartments in NYC especially! Whatever reason, the second floor tenant has been living here paying rent and utilities since feb.! Illegal apartments by altering a basement apartment in the eyes of the,... Buildings that identifies what the property can be used for can i get someone of... Eviction process will have to vacate the premises or face eviction kitchen, bathroom, and inside plumbing article. Occupant after an unlawful eviction is also a criminal act the property can be used for your renovated basement be. From other renters in the first floor apartment, house, or attic or accessory use creates an apartment... The Chrome web Store via `` emergency dispossess '' conversions include: Making illegal apartments in NYC especially... That identifies what the property can be used for on this but i ’ m not 100 on. Version 2.0 now from the Chrome web Store the unit because of unit.