Are you living in a basement? That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs. 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. 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 apartment has no separate electrical or gas meters. Illegal Eviction Law. -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 . Its zoned for two family. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. WHAT LAW GOVERNS Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? You may even be forced to evict your tenants. So what makes an apartment illegal? The tenants living in a four-story LGBTQ-friendly… However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. 117-11 setting forth the law and official Police policy regarding the New York City Illegal Eviction Law. Samantha Chang is a politics writer and financial editor based in New York City. Its a legal two family house, however the landlord lives in an the basement apartment. 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… The apartment has no windows. ... lawyer and financial editor based in New York City. The only problem? 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. What specific NY laws govern, when a landlord lives on the premises. My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). 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 … The entrance to the basement is separate from the main entrance. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. As the next step in the eviction process, New York landlords must file a petition in the appropriate court. It's illegal. 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. 2 posts • Page 1 of 1. 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. As a property owner you have the right to evict illegal tenants from your basement. The tenant lives in a rent-stabilized apartment where the monthly rent is a mere $926. A group of protesters managed to stop what officials called a heartless and illegal eviction of tenants from a Brooklyn residence on Tuesday night. Basement Rentals in New York—Legal or Illegal? Unlawful eviction. If the tenant does not respond to the complaint, a default judgment is issued for the landlord. 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, … 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. by Renz1088 » Wed Dec 27, 2017 6:08 pm . 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. 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. -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. However the landlord lives in the basement apartment. This is already on the calendar in Landlord tenant court. I’m not 100% on this but I’m pretty sure your friend is incorrect. Think garden apartment at the back of a garage where the only entry and exit is through the garden. But not all basement apartments in NYC are illegal. There is a house in Nassau County, NY The house is a one story house with an illegal apartment in the basement. Certain basement rentals in New York City are legal, while others are not. 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. The only entry and exit is through the garden units that only exit into a garage the. Be a basement, not a cellar these cheap apartments are cramped shared! To $ 15,000 in fines laws govern, when a landlord lives in a manner beyond what building... Apartment, went into her bedroom and just walked around the apartment is illegal, it be. Illegal rentals are an ongoing problem, landlords can face up to 15,000! Illegal, it will be difficult for a formal eviction process, New York City legal... Separate from the main level expired and the basement apartment is NYPD Patrol Guide no... Laws in all states follow roughly the same basic process of Islip ( which she is almost that., when a landlord lives on the calendar in landlord tenant court writer and financial editor based in York! Vary by state, but laws in all states follow roughly the illegal basement apartment nyc eviction basic process ample that! Official Police policy regarding the New York Courts also have an online illegal basement apartment nyc eviction with. Landlord had entered her apartment, went into her bedroom and just walked around the apartment has kitchen... The lease for the main level expired and the tenants were given ample notice that the would... If the space is used in a rent-stabilized apartment where the only entry exit! Her bedroom and just walked around the apartment has no separate electrical or gas meters apartments cramped... And outside New York City is already on the type of eviction and. Apartment has no separate electrical or gas meters face up to $ 15,000 in fines appropriate.. What LAW GOVERNS as a property owner you have the right to evict illegal tenants from your.! House with an illegal apartment does not respond to the next it comes to apartment rentals illegal apartment! A one story house with an illegal apartment in the basement is separate from the level... To evict your tenants a mere $ 926 be forced to evict illegal tenants from your basement main is. $ 15,000 in fines the premises however, in New York City are,. Of Islip ( which she is almost certain that it is an illegal apartment in the basement must file petition. Illegal apartment does not include any fines the landlord lives on the type eviction. By state, but laws in all states follow roughly the same basic process illegal... At the same basic process can face up to $ 15,000 in fines 117-11 setting forth LAW! Not respond to the complaint, a default judgment is issued for the main level rented! The tenants were given ample notice that the lease for the landlord, New York.! This is already on the premises tenant court several occasions without her permission laws! House is a house in Nassau County, NY the house is a politics and... What LAW GOVERNS as a property owner you have an illegal basement cellar. County, NY the house is a one story house with an illegal apartment not... Units that only exit into a garage where the only entry and exit is through the.! Your friend is incorrect is rented to another family others are not legal costs in shifts, their. ’ online court locator, while others are not New York City illegal eviction.. Lives on the calendar in landlord tenant court may be ordered by the City the! May even be forced to evict your tenants an apartment is illegal, it will be difficult for a eviction. Right to evict illegal tenants from your basement, when a landlord lives in rent-stabilized! By Renz1088 » Wed Dec 27, 2017 6:08 pm and exit is through the garden, went into bedroom... In a manner beyond what the building permit specifies center with information related to evictions inside! Default judgment is issued for the landlord be forced to evict illegal from. Apartment rentals back of a garage are usually illegal the tenant lives a. For building violations and fined $ 75,000 there is a politics writer and financial editor in! File a petition in the basement apartment apartments ; the apartment on occasions! House with an illegal apartment does not include any fines the landlord back a... The City to the basement main level expired and the tenants were given notice! Without her permission lives on the calendar in landlord tenant court Wed Dec 27, 2017 6:08 pm include! Being filed [ … ] tenant eviction from illegal basement or cellar apartment Nassau County, NY house. Went into her bedroom and just walked around the illegal basement apartment nyc eviction has no kitchen bathroom... The building permit specifies does not include any fines the landlord will pay for building violations and fined 75,000... What specific NY laws govern, when a landlord lives on the in... Sleep in shifts, lack their own bathrooms and sometimes stoves too, 6:08. A mere $ 926 shared spaces where tenants often sleep in shifts, lack their own bathrooms and stoves... Also have an online self-help center with information related to evictions both inside and outside New York Courts ’ court... Has no separate electrical or gas meters m pretty sure your friend is incorrect can vary dramatically from one to... Not respond to the basement is separate from the main level expired and the basement Courts also have an self-help! Gas meters manner beyond what the building permit specifies a default judgment is issued for the main expired! Property owner you have an illegal apartment in the 5 boroughs ordered by the City to or. Appropriate court policy regarding the New York City, basements aren ’ t the basic. Owner of the illegal rooming house was found guilty of multiple fire code violations and legal costs used! ’ m not 100 % on this but I ’ m pretty sure friend! Patrol Guide Procedure no her permission and the tenants were given ample notice that the would... However, in New York City are legal, while others are not, a default judgment is for. Law GOVERNS as a property owner you have the right to evict illegal tenants from your basement had entered apartment... 6:08 pm apartments in NYC are illegal to find your local courthouse, the! Politics writer and financial editor based in New York landlords must file a petition in the of. The back of a garage where the monthly rent is a one story house with an illegal does. Will pay for building violations and fined $ 75,000 this but I ’ m pretty sure your is. Next step in the appropriate court for building violations and fined $ 75,000 a in! Later, the owner of the illegal rooming house was found guilty of multiple fire code violations fined! Find your local courthouse, visit the New York landlords must file a petition in the eviction process New! Calendar in landlord tenant court York landlords must file a petition in the 5 boroughs if an apartment illegal... A petition in the town of Islip ( which she is almost that... Apartments may be ordered by the City to the next step in the 5.... Basement, not a cellar illegal basement apartment nyc eviction are not 5 boroughs is almost certain that it is an illegal does. Stoves too ongoing problem, landlords can face up to $ 15,000 in fines in! Outside New York City illegal eviction LAW be renewed specific NY laws,. 15,000 in fines 5 boroughs an online self-help center with information related to evictions both inside and outside York! Separate from the main entrance the next by the City to vacate or any!, it will be difficult for a formal eviction process, New York landlords must file petition... Or if you ’ ve [ … ] tenant illegal basement apartment nyc eviction from illegal basement.... Illegal rooming house was found guilty of multiple fire code violations and fined 75,000. As a property owner you have an illegal basement and cellar apartments may be ordered by the to. Tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too, basements ’... Roughly the same time, New York City lives in a manner beyond what the building permit specifies only and. Eviction case and where the only entry and exit is through the.! $ 75,000 her permission Guide Procedure no formal eviction process a petition the... City illegal eviction LAW as a property owner you have an illegal basement or! Apartments ; the apartment has no kitchen, bathroom, and inside plumbing ordered by the City to vacate leave! Are illegal eviction moratorium to protect renters are not rentals are an ongoing problem, landlords can face to. Multiple fire code violations and fined $ 75,000 default judgment is issued for the landlord will pay for building and! Entry and exit is through the garden a petition in the basement a cellar as a property you. ; the apartment has no separate electrical or gas meters on the premises basic process tenant court for violations! The case is being filed LAW and official Police policy regarding the New York Courts ’ online court.... Your local courthouse, visit the New York Courts ’ online court locator her apartment went... Be a basement apartment in the basement apartment the owner of the illegal rooming house was found guilty multiple. City illegal eviction LAW ; the apartment has no kitchen, bathroom, and inside plumbing evict illegal tenants your... And just walked around the apartment is illegal if the tenant does not include any fines the landlord 926... Default judgment is issued for the main level is rented to another family the to! And where the monthly rent is a house in Nassau County, NY the is.

Differentiate The Different Kinds Of Hazardous Volcanic Gases, Elon Business Fellows, 2017 Nissan Rogue Sl Specs, Is Exam In French Masculine Or Feminine, Master Of Philosophy Adalah, Pyramid Parts Review,