Step 1: Notice is Posted. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. 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. 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 All Rights Reserved. Lets assume the basement apartment is considered illegal. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. 2 posts • Page 1 of 1. a. In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. The house is a legal two family house. Unlawful eviction. So, let’s assume that a landlord owns a two family house out in Queens. 2. You can report a past illegal residential building conversion or alteration. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. But, the most common of all illegal apartments are in the basement of a building. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. Under RPAPL 768, it is an unlawful eviction if a … Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. To find your local courthouse, visit the New York Courts’ online court locator. However the landlord lives in the basement apartment. The basement is not considered part of that two family house. 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. 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. Refusing to restore an occupant after an unlawful eviction is also a criminal act. turn basement apartments into legal, safe, affordable housing, but renters worry increases It all depends on what kind of person you are? If you know you have an illegal basement apartment … It can be hard to know what category you fall into. The house is a legal two family. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. 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. Basement Rentals in New York—Legal or Illegal? As a result, the second floor tenant has been living in the apartment as a month to month tenant. 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. First and foremost, the subterranean space must be a basement, not a cellar. The apartment it illegal in the eyes of the county, but it has all the exits i need. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. It all depends on what kind of person you are? Here’s some info about NYC housing codes: NYC Housing Maintenance Code. 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. Two family residential houses abound in Queens and Brooklyn. The Nolo article Illegal Eviction Procedures in New York has more information on … Been living here paying rent and utilities since feb 2016. This is already on the calendar in Landlord tenant court. 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. What specific NY laws govern, when a landlord lives on the premises. The entrance to the basement is separate from the main entrance. 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. Copyright 2020 Law Office of Richard Kistnen. Location: New York City. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. 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. 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. 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 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. 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. 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. 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 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 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. That is, the C of O will state what purpose each floor may be used for. New York Eviction Process Timeline. 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. 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. 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. Board index ‹ New York City ‹ NYC General ... Hello everyone. As long as they meet code, they are fine. 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. Friend is incorrect floor tenant of Buildings that identifies what the property be! 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