Second units can help provide affordable housing, but they also need to be safe and livable. 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. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. Performance & security by Cloudflare, Please complete the security check to access. 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 Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. Here's the story: My wife and I live in an illegal basement apartment (c of o … All Rights Reserved. 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. 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. You can report a past illegal residential building conversion or alteration. As a result, the second floor tenant has been living in the apartment as a month to month tenant. 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. In our example, we were using a two family residential house in Queens. Unlawful eviction. 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. The entrance to the basement is separate from the main entrance. The landlord has brought a holdover case to evict the second floor tenant. 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. A group of protesters managed to stop what officials called a heartless and 2. Hello everyone. Eviction laws vary by state, but laws in all states follow roughly the same basic process. No, basement apartments are not per se illegal in NYC. 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 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? 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. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. What makes a basement illegal? Location: New York City. 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. Include in your report: … 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. Basement Rentals in New York—Legal or Illegal? 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. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; Kumar, one last reply. Cloudflare Ray ID: 606da992ce9dcf44 That is beside the point. It is ridiculous how 311 cant check the illegal basement apartment since thats where the slumlord is … You may even be forced to evict your tenants. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … Two family residential houses abound in Queens and Brooklyn. As a property owner you have the right to evict illegal tenants from your basement. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. 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 … The entrance to the basement is separate from ... Tenant Eviction from Illegal Basement Apartment. by Renz1088 » Wed Dec 27, 2017 6:08 pm . 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. It all depends on what kind of person you are? • 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. The apartment has no windows. The rental agreement in many states becomes unenforceable. 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 question is, however, can a tenant be evicted if someone is living in an illegal basement? In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. Illegal Eviction Law. Under RPAPL 768, it is an unlawful eviction if a … Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. Law § § 235 and 853). However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. The apartment it illegal in the eyes of the county, but it has all the exits i need. Unlawful eviction. The house is a legal two family. That is beside the point. To find your local courthouse, visit the New York Courts’ online court locator. 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