Why are people worried about illegal second units? What specific NY laws govern, when a landlord lives on the premises. Under New York State law, residential evictions and eviction cases in Housing Court are suspended through February 26, 2021, and tenants who have experienced financial hardship or for whom moving from their home would pose a hardship during the COVID-19 pandemic, including those who were facing an eviction proceeding or who received a judgement or warrant of eviction… With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and knowing your rights and obligations is the key. 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 Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? 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 Holdover for Illegal Basement Apartment in NYC - Help Please!, New York City, 10 replies The house is a legal two family house. Hello everyone. 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. Think garden apartment at the back of a garage where the only entry and exit is through the garden. Unlawful eviction. My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling unit or has made a request for a lease for such dwelling … 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. If you are the owner of an illegal basement apartment in NYC, the Bronx, Queens, Brooklyn, Staten Island, Manhattan, you may be in for some serious fines. While local zoning ordinances vary from town to town, illegal apartment zoning issues typically come up when a landlord rents out an attic, basement, or garage unit. "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. 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. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. However the landlord lives in the basement apartment. To find your local courthouse, visit the New York Courts’ online court locator. For starters, the apartment is illegal if the space is used in a manner beyond what the building permit specifies. Two years later, the owner of the illegal rooming house was found guilty of multiple fire code violations and fined $75,000. Filing fees vary depending on the type of eviction case and where the case is being filed. 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. a. At the same time, New York State issued an eviction moratorium to protect renters. A bill signed by Mayor Bill de Blasio on March 5 aims to turn illegal basement and cellar apartments into safe, legal, affordable housing, starting with a … So what makes an apartment illegal? ... lawyer and financial editor based in New York City. Step 4: Receive a Judgment for Possession. The tenants living in a four-story LGBTQ-friendly… Forum discussion: I need some advice from other renters in the 5 boroughs. Town ordinances are designed to maintain the health and welfare of the citizens and, as a result, illegal apartments typically also pose some significant health or safety risk. Illegal Eviction Law. 2 posts • Page 1 of 1. NYC Administrative Code § 26-521. There is a house in Nassau County, NY The house is a one story house with an illegal apartment in the basement. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. Her landlord had entered her apartment, went into her bedroom and just walked around the apartment on several occasions without her permission. I’m not 100% on this but I’m pretty sure your friend is incorrect. As the next step in the eviction process, New York landlords must file a petition in the appropriate court. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. But not all basement apartments in NYC are illegal. This is already on the calendar in Landlord tenant court. Are you living in a basement? The only problem? Here's the story: My wife and I live in an illegal basement apartment (c of … 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. 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. That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs. Samantha Chang is a politics writer and financial editor based in New York City. * Name The tenant lives in a rent-stabilized apartment where the monthly rent is a mere $926. Its zoned for two family. Tenants who are being evicted from their apartment by the homeowner’s landlord tenant lawyer for failing to pay rent frequently believe that if they tell the judge the apartment they are renting is “illegal,” i.e., the landlord does not have a rental permit, then the eviction proceeding will be dismissed.This issue, which even for a Long Island evictions lawyer was a grey area for … Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. If you know you have an illegal basement apartment or if you’ve […] The apartment has no windows. by Renz1088 » Wed Dec 27, 2017 6:08 pm . Basement Rentals in New York—Legal or Illegal? Certain basement rentals in New York City are legal, while others are not. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. That apartment, like Mr. Hassan’s and thousands of others in the city that are carved out of attics, basements and larger units, was probably illegal. The main level is rented to one family and the basement is rented to another family. Penalties can vary dramatically from one city to the next. 117-11 setting forth the law and official Police policy regarding the New York City Illegal Eviction Law. Tenant Eviction from Illegal Basement Apartment. WHAT LAW GOVERNS When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. Top. First and foremost, the subterranean space must be a basement, not a cellar. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. A group of protesters managed to stop what officials called a heartless and illegal eviction of tenants from a Brooklyn residence on Tuesday night. We've discovered many officers have never even heard of this law and procedure and worse, once they are made aware, we've heard that some wilfully violate it. It's illegal. 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. As a property owner you have the right to evict illegal tenants from your basement. The notice of petition and petition for eviction must be served on the tenant by anyone who is not part of the case 10-17 days prior to the hearing. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. A tenant, for example, may say that the eviction is a retaliatory eviction or that the missing rent was used to make necessary repairs that the landlord refused to make. Its a legal two family house, however the landlord lives in an the basement apartment. -For Texas-specific information and resources, see TexasLawHelp.org 's website on Property Law Issues During COVID-19 and its publication, Evictions During the COVID-19 Pandemic . If you are the renter […] But without legal work authorization, access to state support or a predictable income, Pardo started searching for work every day and taking whatever came: cleaning, … You may even be forced to evict your tenants. These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. If the tenant does not respond to the complaint, a default judgment is issued for the landlord. The rental agreement in many states becomes unenforceable. Units that only exit into a garage are usually illegal. The lease for the main level expired and the tenants were given ample notice that the lease would not be renewed. 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. The apartment has no separate electrical or gas meters. New York City zones buildings to be residential or commercial and there are laws dictating specifications for bedroom size, heat, gas, water, and sanitation issues. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. Location: New York City. The entrance to the basement is separate from the main entrance. -Unless there is a local order protecting tenants from evictions, courts can issue eviction citations, and eviction hearings can start as of May 19, 2020. 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