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. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. 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. Looking to evict a tenant? A group of protesters managed to stop what officials called a heartless and Yet, both family are occupied by tenants. The rental agreement in many states becomes unenforceable. It really is safe. 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. If you know you have an illegal basement apartment … Units that only exit into a garage are usually illegal. WHAT LAW GOVERNS Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. What makes a basement illegal? Avoid Illegal Evictions: Let an Attorney Help You Do It Right. 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. Completing the one-time registration process ensures a second unit meets all requirements under the Ontario Building Code or Fire Code, Electrical Safety […] Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law. 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 by TenantNet » Wed Dec 27, 2017 6:24 pm . If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. That is beside the point. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. Step 1: Notice is Posted. Two family residential houses abound in Queens and Brooklyn. Cloudflare Ray ID: 606da992ce9dcf44 Eviction … 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. 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. a. The house is a legal two family house. Penalties can vary dramatically from one city to the next. Term, 2005) (emphasis added). As long as they meet code, they are fine. You may need to download version 2.0 now from the Chrome Web Store. These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. 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. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. 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. 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 rental agreement in many states becomes unenforceable. To find your local courthouse, visit the New York Courts’ online court locator. Performance & security by Cloudflare, Please complete the security check to access. The Nolo article Illegal Eviction Procedures in New York has more information on … I’m not 100% on this but I’m pretty sure your friend is incorrect. Kumar, one last reply. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess". 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. As a property owner you have the right to evict illegal tenants from your basement. The basement is not considered part of that two family house. Unlawful eviction. Subdividing other areas of an apartment, house, or a building illegally. 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 cases are typically filed in the district court or housing court of the county in which the rental property is located. 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. Fact is the apartment is illegal, i live on a month to month basis. 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. 2 posts • Page 1 of 1. 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. In our example, we were using a two family residential house in Queens. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; 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. Fact is the apartment is illegal, i live on a month to month basis. Second units can help provide affordable housing, but they also need to be safe and livable. 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. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. 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. That is, the C of O will state what purpose each floor may be used for. New York Eviction Process Timeline. That penalty for renting an illegal apartment does not include any fines the landlord … Law § § 235 and 853). Its a legal two family house, however the landlord lives in an the basement 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. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. 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. Illegal Eviction Law. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. 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 … - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and … 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. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. … Your renovated basement may be "code" but may create an issue with the building's existing certificate of occupancy. 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. 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. 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. Basement Rentals in New York—Legal or Illegal? With the housing shortage in New York City and the surrounding areas, the rise of Board index ‹ New York City ‹ NYC General ... Hello everyone. 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. Gas meters, you will have to vacate the premises cracked down on illegal and... 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