Illegal basement apartment nyc eviction

Fox Business Outlook: Costco using some of its savings from GOP tax reform bill to raise their minimum wage to $14 an hour. 

Box. In NY you will likely get a court date for 4-6 months Converting a basement, attic or garage to living space without proper approvals is not only against the law, but it puts anyone living in the illegal space in severe danger. In this article, we will explore the key factors that determine the legality of a basement apartment in NYC. The eviction must take place on a business day, during the day. it has 3 means of egress, 3 full size windows, private entrance and walk-out access to the yard. Before this law, unregulated tenants could be evicted at the end of their lease. 00 for households that have elderly or disabled tenants or a minor child. In limited areas, joint living-work arrangements – sometimes called live/work Eviction Prevention. The Basement Apartment Conversion Pilot Program, passed in 2019 Jun 26, 2019 · Over that time, there were 1,613 vacate orders issued city-wide for unsafe illegal units and other reasons such as after a fire makes a building uninhabitable. If you have been charged for unlawfully evicting a tenant, you may face liability in both criminal and civil court. Legal Basement Apartments In Ontario 2022. Jan 22, 2020 · Illegal Eviction Law. [i] As the housing crisis has grown, New York City and State have struggled – Feb 24, 2023 · This statute is neutral--legal dwelling or illegal dwelling the tenant is entitled to the same amount of advance notice to move out before the landlord starts the eviction lawsuit. Dear what can I do? You can be aware that even a landlord of an illegal apartment cannot engage in a "Self-Help", or an Illegal Eviction, but is compelled if performing an "eviction" to use the legal court process in the New York Housing Court for an eviction. Apr 20, 2024 · By. Operating a business from home may be legal. This is one of the most obvious ways to tell whether a basement apartment is legal: Look at the ground-level of a building and check whether 50 percent of the window is Sep 3, 2021 · The city estimates there are roughly 50,000 illegal basement apartments in New York City. One of those elements is that a tenant get served with a formal letter – some kind of notice – before a landlord starts the eviction. State lawmakers brought back a property tax break, added tenant protections, encouraged office-to-residential conversions and changed renovation rules Landlords must show "good cause" to evict you. As an illegal apartment it is illegal for the landlord to collect rent. There is no self-help eviction. Monday - Friday, 9am - 5pm. When an apartment is illegal, the space should not be used to live in, a landlord or owner can’t collect rent. Jan 7, 2024 · Knowing what makes a basement apartment illegal can help landlords avoid potential legal issues, and tenants make informed decisions about their living arrangements. The tenant can ask the court to stop the eviction Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any such apartment. Oct 11, 2023 · Consequences for Tenants: 1. Illegal basement apartments, perhaps similar to yours, are not uncommon. In my in-laws’s house it was tenants but they are family and was not paying any rent. The tenants are a 311 phone call away from having the City inspect the two family house and issue violations for unlawful conversion and illegal use. Your We would like to show you a description here but the site won’t allow us. Landlord Tenant court schedule. I I COMPLAINTS, VIOLATIONS AND ENFORCEMENT 12-14 A. Comply with zoning requirements for one-, two-, or three-unit homes. This tells the tenants that unless they move out by the date on the notice, the Marshal will evict them. It is unusual for the electric utility company to open an account for a tenant in a building without a lease. Message View Profile. . Helpful (0) 2 lawyers agree. Housing / Heating: To file a complaint, please call 914-654-4809. The landlord will not be able to get the back rent from you. Only a City Marshal or Sheriff is allowed to carry out a Warrant of Eviction. Unlawful eviction. If the tenant is evicted because the unit cannot be Jan 24, 2023 · A pilot program to convert illegal basement apartments in parts of Brooklyn into legal and safe units has just five active participants out of roughly 8,000 homeowners initially contacted, city officials said at a hearing on Tuesday. In addition, the penalties are steep for violations — $1,000 a day, up to $25,000 until the violation is corrected. If the tenant owns a manufactured home in a mobile home park, the tenant will get more notice before having to move. A landlord might skip over the legal procedures for an eviction proceeding by gaining an inspection of the illegal apartment by the FDNY. Lack of Legal Protections: Renting an illegal apartment can leave tenants vulnerable to exploitation by unscrupulous landlords. Try to negotiate time to leave. Calendars are usually scheduled at 9:30 a. Most importantly, we want every New Yorker to know three things: Lockouts (also known as unlawful evictions or self-help evictions) are illegal. Notice to Quit). Emergency Repairs 13 D. Phone. On January 19, 2020, I filed a 311 complaint about the illegal apartment in my basement, triggering an inspection by the New York City Oct 1, 2018 · The amounts due are based on the number of bedrooms in the unit, not per tenant. Aug 25, 2023 · A landlord who tries to illegally evict a tenant may be guilty of a criminal misdemeanor. New York City’s Commission on Human Rights focuses on protecting people from discrimination and making sure everyone’s rights are respected. But in the meantime, officials will work to let residents know they can call 911 without fear of backlash. Usually this is for a violation of the lease and 9 times out of ten a failure to pay rent. Take photographs or videos that clearly show the conditions and non-compliance. Executive Summary Basement and cellar apartments, most of which exist within an informal rental market due to regulatory and financial barriers, currently house tens of thousands of New Yorkers, especially working-class immigrants and people of color. 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 unit pursuant to the Jun 5, 2013 · What will happen to the tenant of an illegal basement apartment?, New York City, 14 replies 3 family apartment (3 floors) with illegal basement. As the NY State Eviction Moratorium comes to a close on January 15th, NYC is launching a campaign to inform tenants about their rights and connect them to critical resources. Mar 7, 2023 · According to the Department of Housing, Preservation & Development, a basement has at least half of its height above curb level, while a cellar is less than half above grade. Furthermore, rental units are governed by specific building and health converted into an apartment that I rented to a residential tenant. You can report your landlord to this agency. Posted on Dec 28, 2012. Owners of illegal basement apartments can face: Fines of up to $1,000 a day . Call Housing Court Answers at (718) 557-1379. The landlord cannot "kick you out" as that is an unlawful act. There are several ways to report suspected illegal short-term rentals in your building or neighborhood. Housing Courts are generally open from 9am to 4:30 or 5pm. 125th Street 5th Floor New York Dec 27, 2012 · Website. “Rooms have to be a certain size and have a certain amount of light and air, and very often, these walls create a situation where you have a windowless bedroom, which is Jul 1, 2018 · Website. Dec 15, 2020 · The Marshal, Sheriff or Constable will deliver a Notice of Eviction to the tenant. In General. Jan 7, 2024 · Steps to Evicting a Tenant from an Illegal Basement Apartment in NYC: A Comprehensive Guide. For 2018, the amount due for a studio or one bedroom is $6,875. Owe rent or b). Jan 13, 2020 · Here's what you need to know for most tenants who don’t have a lease: You must give a 30-Day Notice The tenant must either a). On January 18, 2020, the tenant living in my basement unitfiled a police report alleging that I had illegally evicted them. Apr 16, 2021 · A Landlord S Guide To Eviction Notice Ontario Forms. You can call 1-800-354-0365 to connect with an advocate who can help you. The warrant of eviction authorizes the sheriff or marshal to perform the eviction. A unit can also be illegal if the space is being used for a purpose other than what is specified in the building permit. In the event that the landlord is unable to cure the violation, the unit may have to be removed and the tenant evicted. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Examples of an illegal conversion include: Creating a rooming house (single room occupancy) or dividing an apartment into single room occupancies. Dec 15, 2020 · The Marshal or Sheriff will deliver a Notice of Eviction to the tenant. Unfortunately, New York does not have any provisions where you can seek a refund of rent already paid for past occupancy. The Tenant Support Unit (TSU) helps New Yorkers who may be experiencing landlord harassment, are at risk of displacement, or need to make home-related repairs. According to the town of Babylon town code, a first offense for a landlord renting out an illegal apartment in the Town of Babylon can be punishable by “. If you are rent regulated, living in a NYCHA development, or a federally subsidized or affordable development, your landlord can only evict you for a good reason and there are limitations on how high your rent will increase. I asked her to move But she has not been moved yet. All business must be commenced by 12:30 p. According to DOB, inspectors issued 2,523 violations charges of unlawful eviction if an owner changes the locks of an apartment while threatening the occupant and then refused to restore the occupant after the occupant requested to be restored. So I reported my unsafe conditions to 311 and when the llord found out they proceeded to write me letters saying "get out, we never knew there was an illegal basement in Jan 27, 2013 · New York law does not help a tenant recover rent already paid to a landlord who rented an illegal apartment to a tenant, but does not allow the landlord to succeed in an eviction proceeding started because the tenant did not pay the rent. Sep 19, 2023 · What Happens If I Have an Illegal Basement Apartment? Basement apartments that aren’t up to code could cause unsafe living conditions, including death. Newark has free Customer: I have one tenant in my illegal basement In queens which I want to Remove and not to use my basement anymore. The document is created by the landlord or by the landlord's attorney and in NYC MUST be served in Feb 17, 2022 · In 2021, only one person issued a criminal summons for unlawful eviction pleaded guilty, and was fined $100, possibly for a non-criminal violation such as disorderly conduct. Kathryn Brenzel. nicer than most apts. If the tenants do not move out, they will be evicted. , 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 Contact the Tenant Support Unit: call 311 and ask for the “Tenant Helpline”. COVID-19 11. So, when you are being sued for failing to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. The healing process can be draining and difficult, but the results are worth it. They are not going to just raid the apt just because of 1 phone call. Mar 5, 2021 · In addition, New York City has a hotline for immigration resources called ActionNYC. About 47% of criminal summons issued in 2021 by the NYPD for unlawful eviction were dismissed, while 44% are still pending. 8. I received a violation for renovating my basement, it is a $4K fine. It appears that the CoO is for a 2 family house and, if no other CoO can be found, then the apt is most likely illegal. Bed Bugs: Section 308 of the Property Maintenance Code of the State of New York May 5, 2015 · Because in NYC, renting a basement apt (legal or illegal) is far cheaper than other apts regardless in which borough this building is located. Sep 3, 2021 · An historic storm poured water into basement apartments across New York City Wednesday, killing 13 people, including a 2-year-old boy and his parents, while leaving an untold number of underground tenants like Guerrero newly homeless. The Housing Court Judge likely will suggest you move out immediately, since illegal basement May 14, 2013 · Only a judge can order your evicition. and are closed from 1 p. However, you could pay even more than $15,000 if the tenant can prove their health was negatively affected by the living situation. Mar 6, 2013 · New York City Civil Court - Housing Part. Apr 5, 2010 · Illegal Basement apartment/Illegal eviction. The notice must be provided in writing (i. Many tenants do not have leases, they are month to month tenants. Ten years ago, we tried to sue him for non-payment. Generally, your home occupation (defined by Zoning Resolution §12-10) cannot occupy more than 25% of the residence – up to 500 square feet – and no employees may work on-site. Introduction: New York City is known for its diverse and vibrant neighborhoods, offering a variety of housing options. For NYC Department of Buildings, the stove is a major defining factor (kitchen) for "illegal apartment". Adding an apartment in the basement, attic or garage without obtaining approval or permits from DOB. The information provided on this page answers some of L. $247,665. Minimum Requirements: In order for a basement apartment to be legal We would like to show you a description here but the site won’t allow us. Complaints regarding illegal cellars or basements should be directed to 311, which will forward the complaint to the New York City Department of Buildings (DOB). Posted on Mar 12, 2015. Aug 15, 2020 · Even though the rental agreement is void, the tenancy exists. 58, for a two bedroom is $8,462. in the morning session and 4:00 p. Eleven New Yorkers drowned In New York City, the landlord must provide you with a written notice of termination giving 30 days notice that you will have to move before the end of the month. Legal Basement Apartments In Ontario Realawstate. Month to month tenants could be evicted if their landlord gave them a notice telling them to get out. to 2 p. Your case it’s different but this likely means they they will official begin the eviction process. Feb 7, 2018 · Last year, 311 averaged more than two complaints an hour about illegal apartments, according to data obtained by 7 On Your Side Investigates. Call 911 to report commercial or residential landlords who lock out tenants, or who willfully deprive them of essential services such as electricity, heat, or water. Eviction Ontario Landlords Association. If the court orders you to move, a law Renting space/rooms is not illegal, using your basement as a rental "apartment" is. Potential buyers may be hesitant to invest in a property with an illegal dwelling, and appraisers may factor in the presence of an illegal conversion when determining the property’s value. Tenant Rights. The BASE (Basement Apartments Safe for Everyone) campaign is a coalition of community organizations, advocates, tenants, homeowners, and community members who are organizing working-class neighborhoods and communities of color to increase the number of legally-recognized, affordable, and safe basement apartments, as well as other accessory dwelling units (“ADUs”) in New York City. Step 3: Document Violations. Be suspicious of a landlord who declines to draw up a lease, requests a month-to-month agreement or requires cash payments. Court. Because you already have protections, you are not covered by this new law. Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a. 26, and for three or more bedrooms is $10,445. Recently released data showed that fewer than one of every 100 apartments priced at less than $1,500 per month Legally Operating a Home Business. Our lawyer advised us not to pursue. That means, no odor, no notice and near likely certain death, if carbon monoxide builds into your basement dwelling. An eviction is the removal of a tenant and his or her personal belongings from an apartment. Evictions that are pursuant to court order or are through a Government order to vacate are considered lawful evictions and not covered by the law. Sep 2, 2021 · The day after the remnants of Hurricane Ida pounded New York, housing advocates and a handful of elected officials swiftly pressed the city to accelerate stalled efforts to make currently unauthorized basement apartments legal, which would bring higher safety standards and periodic inspections. Jan 28, 2021 · An apartment may be illegal if bedrooms have been added improperly. Jul 31, 2021 · The fines for renting out an illegal basement can range from $500 to $15,000. The only catch is that it is a low ceiling, about 6. If your landlord wants to evict you, they have to take you to court. e. Mar 14, 2015 · Website. Landlords did not have to give a reason to evict. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. The amount varies significantly based on location and how strict your city is about unlawful apartments. For many holdover tenants, a 90 day notice to quit will be the right notice. to 5:00 p. (844) 310-9915. However, amidst the bustling cityscape, there Oct 9, 2019 · FACT SHEET #10: EVICTION FROM AN APARTMENT BASED ON OWNER OCCUPANCY PAGE 2 OF 2 To visit a Borouh Rent Oce by appointment only please contact: UEENS 92-31 Union Hall Street 6th Floor Jamaica, NY 11433 718-482-4041 ROOLYN 55 Hanson Placeaccessibility 6th Floor Brooklyn, NY 11217 718-722-4778 UPPER ANHATTAN 163 W. It is important that if you receive lease termination or eviction notices from your landlord, you submit a copy to your Housing Specialist and seek legal assistance. In this case, the landlord can evict you as the occupancy is illegal, however, he can not recover any past due rent. , New York City, 25 replies Illegal Basement Conversion, New York City, 16 replies Pls help illegal basement eviction!, New York City, 18 replies illegal basement, New York City, 7 replies Illegal basement, New York City, 4 replies illegal basement!!!, New York City, 5 replies Complaints. - Housing Part. Uncovering the Presence of Illegal Basements in New York City: A Comprehensive Analysis. Take a look at the list below to learn more about NYC tenant rights. NYC Administrative Code § 26-521. Beware of no-lease apartments. Basement Apartments: not all basement apartments are illegal. Sep 7, 2012 · Carbon monoxide is a silent killer. May 14, 2024 · Evicting a tenant from an illegal basement apartment in NYC requires following the proper legal procedures, seeking assistance from the appropriate resources, and adhering to the laws and regulations governing tenant eviction. Mar 18, 2024 · No prior notice is required, and the landlord can file an eviction lawsuit immediately. If you have specific questions about requirements for renting basement apartments, contact the New York City Department of Buildings or consult the New York City Housing Maintenance Code. Without legal protections, such as rent stabilization or rent control, tenants may face exorbitant rent increases or eviction without proper notice. Housing Court Address. Your parents need a lawyer. I wouldn't "ignore" the notice. His defense was that we are renting out the basement, therefore making the whole building illegal. Also, there is an additional amount of $2,500. Posted on Jul 1, 2018. It is illegal for your landlord to try to evict you by changing the locks, turning off your utilities, or removing your things from the apartment. You need to have a process server serve a notice of termination of month to month tenancy on your tenant. a. This tells the tenants that unless they move within 14 days, the Marshal will evict them. Dear Queens Tenant: The basement apartment may be illegal or may not be illegal and so you have to check this out. Apr 20, 2024, 2:34 PM. Housing Court 13–14 E. This is commonly done. Undocumented immigrants are particularly vulnerable, Nori said, as many fear they could jeopardize their status if they complain. For insurance-related questions concerning your property, call us at 877-576-5200 or send us an email . Jun 30, 2021 · You can see if you're eligible for counsel by calling Legal Services of New Jersey at 1-888-576-5529. Jun 8, 2023 · An illegal rental unit is a rental unit that is used for a residential purpose, but is not legally established with a local municipality, city, or town. Tenants in New York City have many legal rights. The stove IS. Mar 16, 2023 · For example, the penalty for renting an illegal apartment in Suffolk County NY typically ranges from $500 to $2,500. she is my neighbor’s sister. In fact, illegal basement apartments were the cause of 11 deaths in New York City due to flooding from Hurricane Ida. Mar 24, 2023 · You may face up to a year in jail and can face civil and criminal penalties of up to $10,000 for each separate violation. Oct 21, 2021 · In some cases, the tenants facing such evictions are living in informal apartments in the first place, including basement apartments, he said. Dec 7, 2023 · 5. The initial goal was to convert 40 apartments. A 2008 study estimated that there were more than 114,000 illegal basement apartments in New York City. Illegal Eviction or Lockout. Check for adequate means of egress (way out) and look out for locked doors in the unit. $232,650. You can call 311 and follow the prompts; or submit a complaint online. If a dwelling unit is found to be illegal, a court appearance ticket will be issued to the owner and the owner will be responsible for the eviction of the tenant located in the apartment. Alternative Enforcement Program (AEP) 14 Oct 20, 2021 · There are approximately 100,000 illegal basement apartments in New York City, which serve as de facto low-income housing. Brooklyn ("Kings County") 141 Livingston Street, Brooklyn, 11201. The marshal sees that any entrance locks on the premises to which the Aug 15, 2011 · I have been a tenant in this basement for a year then I just found out it was illegal as soon as I started reporting situations to the landlord & they did nothing about them. Are Basement Apartments Illegal In Toronto Legalprox 2022. Outside of New York City, you may find a legal referral from LawHelpNY. (877) 866-2682. You must let the tenant know they can contest the eviction in housing court. Have been given a month's notice to move out. New Jersey landlords who convert basements, attics, garages or other spaces to apartments for rent without getting proper approvals are violating the law. Permanent Exclusion is a strategy used by NYCHA to promote the safety and security of its residents by excluding individuals from residing in or visiting a NYCHA apartment they are associated with (while not seeking to evict the other tenants in the apartment). Your parents will have to serve a notice of termination on the tenants. Such law does not incentivize homeowners to report themselves, despite recent calls from city In New York City, you can contact 311 or you can reach out to the NYC Right to Counsel Hotline at (718) 557-1379 or Housing Court Answers at (212) 962-4795 for information and referrals to attorneys who may be able to provide representation. 7. As you will see, this form provides space for you to describe what you are noticing in detail, including the websites for any online advertisements. Use these tips to avoid renting an illegal conversion. In NYC (Bronx and Manhattan) a tenant in an illegal apartment may cease paying rent and if sued by the landlord for rent defend the case based on illegal dwelling (not on Certificate of Occupancy) and illegal or unregistered multiple dwelling. All Landlords advertising illegal apartments will often request that tenants obtain a separate P. 60. Apr 7, 2023 · The family's experience also highlights New York's ongoing affordable housing crisis. 1. Permanent Exclusion happens when NYCHA brings a “termination of tenancy” action Dec 2, 2010 · It takes months for investigators to actually find an illegal basement apartment. Free legal services may include legal advice, assistance with rental assistance applications and other required forms, advocacy with your landlord, or representation in your eviction case in If you experience an illegal lockout and cannot get back in via the police department, go to the housing court in your borough right away. Illegal Basement and Cellar Occupancy 11 *NEW* M. 5 feet. The landlord must first file a landlord tenant lawsuit in the special civil part of the Superior Court and get a judgment for possession from the court before an officer can be directed to evict any residential tenant. Oct 21, 2021 · Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. I made it into a full studio apt with kitchen, bath, etc. Many tenants of these apartments are low-wage immigrants who have few housing options and are subject to constant threat of immediate eviction if city inspectors find an illegal occupancy in a basement. The report outlines a path, to provide basic rights, responsibilities and protections for basement apartment residents and owners. The refrigerator is not illegal. Reduced Property Value: Having an illegal basement apartment can negatively impact the value of the property. Someone reported my in-laws entire block for an illegal basement apartments. Nov 29, 2020 · 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. “Landlords sometimes put up temporary pressurized walls to create illegal rooms,” Himmelstein says. New Yorkers who withstood the flooding inside their basement homes— often unauthorized conversions that do Sep 4, 2021 · Mayor de Blasio plans to evacuate tenants from illegal basement apartments vulnerable to the kind of flooding that killed 13 people -- but tenants won't be evicted from the substandard dwellings. The tenet was already living there when we purchased the apartment building. An NYC unlawful eviction lawyer can assess the specific circumstances of your case to determine your best Sep 12, 2022 · Court Hours. If the landlord does not have a judgment for possession, and attempts to have the tenant evicted, this is an illegal lockout. Homes in the blue shaded area on the map do not qualify for a basement or cellar conversion since they are in an area subject to future flood risk. Need something else? Jan 13, 2012 · If you know that you will be evicted and you know that the apartment is illegal, stop paying rent. This tenancy termination notification never comes from the Court. Aug 19, 2021 · The citation of an illegal unit can require the landlord to fix any violations either by bringing the unit into compliance with the applicable law, or to demolish the unit. Document any violations related to the basement apartment's legality. HPD Complaint Process 12 B. Violations 13 C. evictions Being evicted from your dwelling for serious and non-repeated violations of your lease, such as non-payment of rent, is grounds to terminate your Housing Choice Voucher. If the account is not in your name, then the meter Also a notice to vacate have to be officially placed in order for the eviction process to start. a fine of at least $500 but not more than $1,000 and/or imprisonment for Sep 3, 2021 · The city estimates there are roughly 50,000 illegal basement apartments in New York City. Nov 5, 2019 · Looser rules on illegal housing sought the new york times nyc funded a pilot to make basement apartments safer but then it went off track there are 30 000 doesn t know about what is an apartment in tenants rights how tell if legal al city down ramps up my tenant house ing houses lease landlord agreements termination… Read More » Evictions, which are legal actions to recover possession of a rented space, have many procedural elements. illegal basement apartment nyc eviction For many people from Toronto to Victoria, BC, Canada, there is a need to supplement their diet with additional vitamins. Homes in the gray shaded area on the map may qualify for the program if all eligibility criteria are met. The notice must state that your landlord wants to terminate the tenancy and that an eviction proceeding will be started if you do not move out by the date listed in the notice. Jul 22, 2023 · Estimates range from a conservative 50,000 to more than 100,000 homes in New York City neighborhoods that have the conversions. Oct 24, 2012 · Currently we are having problems with the 3rd floor tenet. 6. O. New York City Civil Court. New York State Homes and Community Renewal (HCR) 14 F. Aug 31, 2022 · A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts Oct 6, 2011 · Quote: Originally Posted by SobroGuy. The landlord must commence a holdover proceeding to have you evicted. m. in the afternoon. In New York, illegal activity includes: [5] Prostitution; Used rental unit as a bawdy house; Illegal trade or manufacture of an illegal business; Tenants are not given the option to fix the issue and must vacate. If he doesn't vacate upon expiration of the notice you will need to start a holdover eviction action in Housing Court. 347-404-9201. Attorneys may be able to work out a deal with a landlord and avoid court. Illegal Evictions in New York Feb 11, 2024 · However, even if the lease is silent on the matter, you may still have grounds for eviction based on the apartment's illegal status. illegal basement apartment nyc eviction Aug 30, 2022 · New York, NY – Ahead of the one-year anniversary of Hurricane Ida, New York City Comptroller Brad Lander released a new report, Bringing Basement Apartments into the Light. ki sa ga yu bb kh uz wk qs pq