The tenant lives in a rent-stabilized apartment where the monthly rent is a mere $926. Two years later, the owner of the illegal rooming house was found guilty of multiple fire code violations and fined $75,000. The rental agreement in many states becomes unenforceable. Its a legal two family house, however the landlord lives in an the basement apartment. Tenant Eviction from Illegal Basement Apartment. The apartment has no windows. 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. Its zoned for two family. The entrance to the basement is separate from the main entrance. So what makes an apartment illegal? 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. Basement Rentals in New York—Legal or Illegal? Top. If the tenant does not respond to the complaint, a default judgment is issued for the landlord. 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. Here's the story: My wife and I live in an illegal basement apartment (c of … Unlawful eviction. 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 … These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. Eviction laws vary by state, but laws in all states follow roughly the same basic process. The lease for the main level expired and the tenants were given ample notice that the lease would not be renewed. Certain basement rentals in New York City are legal, while others are not. Filing fees vary depending on the type of eviction case and where the case is being filed. The basement apartment in Bellerose, Queens was the best deal around — one bedroom with a big living room and kitchen for $950 a month. Units that only exit into a garage are usually illegal. I’m not 100% on this but I’m pretty sure your friend is incorrect. 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 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. 2 posts • Page 1 of 1. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). A group of protesters managed to stop what officials called a heartless and illegal eviction of tenants from a Brooklyn residence on Tuesday night. Location: New York City. 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. What specific NY laws govern, when a landlord lives on the premises. The main level is rented to one family and the basement is rented to another family. You may even be forced to evict your tenants. The house is a legal two family house. 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 … ... lawyer and financial editor based in New York City. As the next step in the eviction process, New York landlords must file a petition in the appropriate court. If you are the renter […] 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. The only problem? 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. For starters, the apartment is illegal if the space is used in a manner beyond what the building permit specifies. 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. 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. 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. 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. 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. There is a house in Nassau County, NY The house is a one story house with an illegal apartment in the basement. 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. With the housing shortage in New York City and the surrounding areas, the rise of illegal basement apartment conversions is on the rise. 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. 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. This is already on the calendar in Landlord tenant court. WHAT LAW GOVERNS "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. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. Step 4: Receive a Judgment for Possession. 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. The apartment has no separate electrical or gas meters. Why are people worried about illegal second units? Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. Forum discussion: I need some advice from other renters in the 5 boroughs. - 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. 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. 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. 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, … by Renz1088 » Wed Dec 27, 2017 6:08 pm . If you know you have an illegal basement apartment or if you’ve […] Note: what follows is NYPD Patrol Guide Procedure No. At the same time, New York State issued an eviction moratorium to protect renters. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. Illegal Eviction Law. 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 When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. As a property owner you have the right to evict illegal tenants from your basement. Are you living in a basement? Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs. It's illegal. Samantha Chang is a politics writer and financial editor based in New York City. First and foremost, the subterranean space must be a basement, not a cellar. The tenants living in a four-story LGBTQ-friendly… -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. 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… 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 … Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. Think garden apartment at the back of a garage where the only entry and exit is through the garden. Penalties can vary dramatically from one city to the next. In 2013, a young woman in Toronto was killed when her boyfriend could not rescue her from the couple’s burning 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 . 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. 117-11 setting forth the law and official Police policy regarding the New York City Illegal Eviction Law. a. * Name Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? Hello everyone. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. To find your local courthouse, visit the New York Courts’ online court locator. 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