There is a house in Nassau County, NY The house is a one story house with an illegal apartment in the basement. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. Units that only exit into a garage are usually illegal. The lease for the main level expired and the tenants were given ample notice that the lease would not be renewed. Think garden apartment at the back of a garage where the only entry and exit is through the garden. So what makes an apartment illegal? My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. 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. * Name Step 4: Receive a Judgment for Possession. Note: what follows is NYPD Patrol Guide Procedure No. 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 … To find your local courthouse, visit the New York Courts’ online court locator. This is already on the calendar in Landlord tenant court. Its a legal two family house, however the landlord lives in an the basement apartment. Eviction laws vary by state, but laws in all states follow roughly the same basic process. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? 2 posts • Page 1 of 1. A group of protesters managed to stop what officials called a heartless and illegal eviction of tenants from a Brooklyn residence on Tuesday night. by Renz1088 » Wed Dec 27, 2017 6:08 pm . 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. The tenant lives in a rent-stabilized apartment where the monthly rent is a mere $926. 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. The rental agreement in many states becomes unenforceable. 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. Two years later, the owner of the illegal rooming house was found guilty of multiple fire code violations and fined $75,000. Here's the story: My wife and I live in an illegal basement apartment (c of … As a property owner you have the right to evict illegal tenants from your basement. 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… That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs. 117-11 setting forth the law and official Police policy regarding the New York City Illegal Eviction Law. NYC Administrative Code § 26-521. WHAT LAW GOVERNS 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. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. 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. -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 . 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 … If you know you have an illegal basement apartment or if you’ve […] These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. But not all basement apartments in NYC are illegal. First and foremost, the subterranean space must be a basement, not a cellar. The entrance to the basement is separate from the main entrance. 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 … It's 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. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. 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. Samantha Chang is a politics writer and financial editor based in New York City. Are you living in a basement? At the same time, New York State issued an eviction moratorium to protect renters. What specific NY laws govern, when a landlord lives on the premises. If you are the renter […] The apartment has no separate electrical or gas meters. 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. - 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. The only problem? You may even be forced to evict your tenants. 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, … Eviction from illegal basement apartment in the illegal basement apartment nyc eviction of Islip ( which she is almost certain it... Apartment in the 5 boroughs landlord to file for a landlord to for! 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