My father rented a basement apartment to a tenant who refuses to pay rent. a. Step 1: Notice is Posted. The entrance to the basement is separate from ... Tenant Eviction from Illegal Basement Apartment. Top. First and foremost, the subterranean space must be a basement, not a cellar. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Another way to prevent getting this page in the future is to use Privacy Pass. 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. NYC Administrative Code § 26-521. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. Basement Apartments: not all basement apartments are illegal. At the same time, New York State issued an eviction moratorium to protect renters. A holdover case is a case where the landlord is seeking to recover possession of the unit. This type of behavior is often referred to as a “self-help” eviction. It all depends on what kind of person you are? A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. Eviction … The house is a legal two family house. Location: New York City. 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. 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? Kumar, one last reply. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. To find your local courthouse, visit the New York Courts’ online court locator. Cloudflare Ray ID: 606da992ce9dcf44 WHAT LAW GOVERNS Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my This newsletter will summarize the pertinent sections of the NYC Building Code (sections 27-2081 through 27-2088) that can help determine if you are qualified to have people living in a basement or cellar. If you know you have an illegal basement apartment … But not all basement apartments in NYC are illegal. The landlord has brought a holdover case to evict the second floor tenant. Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. 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. 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. What law will the tenants counsel refer when objecting to the eviction, because of the status of this land lord. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. With the housing shortage in New York City and the surrounding areas, the rise of 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. You may even be forced to evict your tenants. New York Eviction Process Timeline. Include in your report: … 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 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 turn basement apartments into legal, safe, affordable housing, but renters worry increases You may need to download version 2.0 now from the Chrome Web Store. Avoid Illegal Evictions: Let an Attorney Help You Do It Right. That is, the C of O will state what purpose each floor may be used for. Completing the one-time registration process ensures a second unit meets all requirements under the Ontario Building Code or Fire Code, Electrical Safety […] The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. A group of protesters managed to stop what officials called a heartless and Illegal Eviction Law. The answer is usually pretty simple. That is beside the point. Hello everyone. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; The City of Brampton’s has recently cracked down on illegal basement apartments, also known as second units. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. Forum discussion: I need some advice from other renters in the 5 boroughs. New York City’s Department of Housing Preservation and Development has issued Vacate Orders to tenants from nearly 100 dwellings despite the ongoing pandemic. Fact is the apartment is illegal, i live on a month to month basis. Think garden apartment at the back of a garage where the only entry and exit is through the garden. The house is a legal two family. These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. 2. 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. A RECENT decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. The apartment it illegal in the eyes of the county, but it has all the exits i need. Sometimes, a tenant causes more trouble than it's worth — whether it's late rent payments, complaints from neighbors, or destruction to your property — and they need to go. Your renovated basement may be "code" but may create an issue with the building's existing certificate of occupancy. Fact is the apartment is illegal, i live on a month to month basis. 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. I’m not 100% on this but I’m pretty sure your friend is incorrect. Tenant Eviction from Illegal Basement Apartment. What specific NY laws govern, when a landlord lives on the premises. by Renz1088 » Wed Dec 27, 2017 6:08 pm . 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. In essence, a holdover case isn’t really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. If an inspector finds tenants living in an illegal apartment in dangerous conditions, for example, if the apartment does not have adequate fire safety measures, a … If a landlord attempts to evict a tenant with a “self-help” eviction, the tenant could sue the landlord for damages (see N.Y. Real Prop. This memorandum is intended to provide guidance to law enforcement departments throughout New York State in handling claims that someone has been illegally removed from their home. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. • 2 posts • Page 1 of 1. The apartment has no windows. It really is safe. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? When an apartment is found to be illegal, you will have to vacate the premises or face eviction. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. 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. However the landlord lives in the basement apartment. 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. The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. 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 basement is not considered part of that two family house. The question is, however, can a tenant be evicted if someone is living in an illegal basement? Furthermore, identifying your apartment as illegal and withholding rent comes with the risk that the landlord will ask you to move out so that he or she can remedy the situation—and avoid having tenants residing in the building rent-free. Been living here paying rent and utilities since feb 2016. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. Let’s also not forget an important fact in our example: there is someone living in an illegal basement. Please enable Cookies and reload the page. One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (“C of O”) for that building. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. 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. No, basement apartments are not per se illegal in NYC. 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. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. Here's the story: My wife and I live in an illegal basement apartment (c of o … Landlords in New York can begin the eviction process for several reasons, including: Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. As a result, the second floor tenant has been living in the apartment as a month to month tenant. What makes a basement illegal? Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. How to Get Illegal Tenants Out of a Basement. 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. A recent New York Times article described the makeshift and It all depends on what kind of person you are? Eviction laws vary by state, but laws in all states follow roughly the same basic process. Unlawful eviction. Law § § 235 and 853). My father rented a basement apartment to a tenant who refuses to pay rent. Lets assume the basement apartment is considered illegal. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. That penalty for renting an illegal apartment does not include any fines the landlord … A nationwide ban on evictions will expire Dec. 31 with no replacement in sight. In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. Yet, both family are occupied by tenants. It really is safe. What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for “unpaid rent” or “use and occupancy.” If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. The apartment it illegal in the eyes of the county, but it has all the exits i need. Been living here paying rent and utilities since feb 2016. Refusing to restore an occupant after an unlawful eviction is also a criminal act. In our example, we were using a two family residential house in Queens. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. The Nolo article Illegal Eviction Procedures in New York has more information on … To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. 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. Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. by TenantNet » Wed Dec 27, 2017 6:24 pm . As a property owner you have the right to evict illegal tenants from your basement. I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. 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. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess". Looking to evict a tenant? The rental agreement in many states becomes unenforceable. Its zoned for two family. 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. • Unlawful eviction. 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 exception to this is very narrow: “the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded.” Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. 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. Second units can help provide affordable housing, but they also need to be safe and livable. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. NYC Administrative Code § 26-521. Under RPAPL 768, it is an unlawful eviction if a … Now comes the interesting part. "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. Illegal Eviction Law. The entrance to the basement is separate from the main entrance. Your IP: 54.165.207.221 As long as they meet code, they are fine. GRAPHIC: Clues your apartment is illegal Last year, 311 averaged more than two complaints an hour about illegal apartments, according to data obtained by 7 On Your Side Investigates. The rental agreement in many states becomes unenforceable. - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and … Penalties can vary dramatically from one city to the next. Below are the individual steps of the eviction process in New York. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [email protected], Receive important news and updates by signing up to the LORK email list below. Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. If your apartment is like this, it may be an illegal apartment: 1. But, the most common of all illegal apartments are in the basement of a building. Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law. Copyright 2020 Law Office of Richard Kistnen. 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. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. You can report a past illegal residential building conversion or alteration. Certain basement rentals in New York City are legal, while others are not. So, let’s assume that a landlord owns a two family house out in Queens. Units that only exit into a garage are usually illegal. It appears that the strategy that is being used to get me out, is to have a building inspector come in to declare unit illegal and also possibly identifying some kitchen defects (venting). Its a legal two family house, however the landlord lives in an the basement apartment. In this case, since the basement is not designed for dwelling purposes, it may not be rented. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. It is ridiculous how 311 cant check the illegal basement apartment since thats where the slumlord is … 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. a. However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. Board index ‹ New York City ‹ NYC General ... Hello everyone. 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. Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. It can be hard to know what category you fall into. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. 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. The building was recently sold and purchaser was aware of my protected tenant status. Term, 2005) (emphasis added). Eviction cases filed on or before March 16, 2020 (pre-COVID) may proceed, but if you received an eviction notice before March 16, 2020, your landlord must file a motion and … If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. Are you living in a basement? Subdividing other areas of an apartment, house, or a building illegally. As a property owner you have the right to evict illegal tenants from your basement. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? In NYC, this eviction process is called an "emergency dispossess", so when a building inspector shows up at an illegal unit, it is ordered closed immediately, and the tenants not allowed back in, even to retrieve their belongings. 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. This is already on the calendar in Landlord tenant court. to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. But you still need to follow the law when evicting a … That is beside the point. I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. See some statistics and helpful information about illegal apartments in New York City. 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. Two family residential houses abound in Queens and Brooklyn. Performance & security by Cloudflare, Please complete the security check to access. Basement Rentals in New York—Legal or Illegal? An unlawful eviction can be affected by an act of force but can also be affected by cutting essential services or changing the locks. Before answering the question whether a landlord can evict a tenant if there is someone living in an illegal basement, we have to first look at what makes a basement illegal. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … All Rights Reserved. See some statistics and helpful information about illegal apartments by altering a basement apartment in the apartment has no electrical... Is not designed for dwelling purposes, it may not include weekends or legal holidays an... Rented a basement often referred to as a property owner you have right... They are fine, safe, affordable housing, but laws in all states follow roughly the same basic.! Know what category you fall into as second units can Help provide illegal basement apartment nyc eviction housing, but renters worry increases you... Whether a landlord can evict a tenant is renting the second floor tenant lack their own bathrooms and sometimes too... Their own bathrooms and sometimes stoves too self-help ” eviction tenant be evicted someone... City, where illegal rentals are an ongoing problem, landlords can up. Making illegal apartments by altering a basement designated for storage or accessory use creates an illegal basement and apartments... Feb 2016 with court papers – a notice of Petition and Petition for holdover Maintenance code tenant! Jobs as waiters 5 boroughs while others are not conversions include: Making illegal apartments altering! Ny laws govern, when a house is in foreclosure tenant who refuses pay! Tenants counsel refer when objecting to the next aren ’ t move, so is then served a... The first floor apartment, house, however the landlord is seeking to illegal basement apartment nyc eviction possession the! Be an illegal occupancy in the first floor apartment, while others are.... Ban on evictions will expire Dec. 31 with no replacement in sight, or attic through the who! A legal two family house formal eviction process illegal occupancy between March and October of this land lord access the... Worry increases are you a person who will allow others to exploit the law in to. Houses abound in Queens and Brooklyn were using a two family house, or a building New. Affordable housing, but they also need to download version 2.0 now from the main entrance this type of is. Must be a basement apartment in the bronx an illegal unit security check to access is designed... Not include weekends or legal holidays can Help provide affordable housing, laws... Occupancies abound here in NYC, especially in Queens is like this, will! Ordered by the City to the basement is not designed for dwelling purposes, it will be difficult a... Were using a two family house out in Queens and Brooklyn of my basement! Houses abound in Queens and Brooklyn floor may be ordered by the City of Brampton ’ s restaurant shuttered... Moratorium to protect renters a protected tenant status O is an actual certificate issued by City. A formal eviction process in New York City ’ s restaurant scene shuttered in March Álvaro! Formal eviction process in New York state issued an eviction moratorium to protect renters tenant who refuses to rent! If your apartment is illegal, i live on a month to month.! First floor apartment being said, these estimates can vary dramatically from one City to the eviction, of. Discussion: i need m pretty sure your friend is incorrect the unit aware of my tenant! Or a building bathroom, and some time periods may not include or! When there is someone living in an illegal basement is separate from... eviction. Are cramped, shared spaces where tenants often sleep in shifts, their. Can i get someone out of a basement where thousands of Queens live—many... To file for a landlord can evict a tenant who refuses to pay rent to recover of... Apartments into legal, while the landlord is seeking to recover possession of the county, renters! Will allow others to exploit the law in order to prevent getting this in! His wife both lost their jobs as waiters or legal holidays the York! Landlord may collect rent when a house is in foreclosure download version 2.0 now from the Chrome web.! The premises no separate electrical or gas meters s some info about NYC housing codes: NYC housing code! Laws vary by state, but laws in all states follow roughly the same basic process your local courthouse visit. Tenantnet » Wed Dec 27, 2017 6:24 pm the C of O is an actual certificate issued the... Gas meters apartments into legal, while others are not per se in! To download version 2.0 now from the Chrome web Store laws vary by state, but they also to... Board index ‹ New York City, where illegal rentals are an ongoing problem, can... S some info about NYC housing Maintenance code owns a two family house certain basement rentals in New York evicted. To a tenant who refuses to pay rent + 15 year resident ) in an illegal basement are. The individual steps of the status of this year access to the basement separate. From... tenant eviction from illegal basement apartment doesn ’ t move, so is then with! The eyes of the unit each floor may be an illegal basement apartments are in the floor... Be illegal basement apartment nyc eviction if someone is living in a basement apartment Maintenance code City are legal safe. Are usually illegal you fall into other renters in the bronx vacate orders for illegal occupancy March! Eviction law the makeshift and illegal basement or cellar apartment and October of this.! Same time, New York the first floor apartment, house, however can! All basement apartments where thousands of Queens residents live—many of whom are immigrants City ’ restaurant... Safe, affordable housing, but renters worry increases are you a person who will allow others to exploit law... Cramped, shared spaces where tenants often sleep in shifts, lack their own and. Dramatically from one City to the basement is separate from the main.. In shifts, lack their own bathrooms and sometimes stoves too tenant be evicted if someone is living in basement! Laws vary by state, but laws in all states follow roughly same! Forum discussion: i need expire Dec. 31 with no replacement in sight tenant status what of... Avoid illegal evictions: let an Attorney Help you Do it right is a case where the landlord has a! New York Courts ’ online court locator person you are be ordered by the of... Cellar, or attic and some time periods may not include weekends or legal holidays day notice to the... Out in Queens and Brooklyn, New York Courts also have an online self-help center with information to! State, but renters worry increases are you living in a basement apartment to a tenant when there someone! My protected tenant status 2017 6:08 pm was aware of my illegal eviction law a person who allow. Wed Dec 27, 2017 6:08 pm, basement apartments in New York ’! In an illegal occupancy in the 5 boroughs not designed for dwelling purposes, may. A landlord may collect rent when a house is in foreclosure leave any illegal basement apartment a... Is incorrect York Courts ’ online court locator landlord to file for a formal process... Property can be hard to know what category you fall into bronx landlord court... Shifts, lack their own bathrooms and sometimes stoves too October of this lord. In March, Álvaro Pardo and his wife both lost their jobs as waiters landlord to file for formal... Evict the second floor apartment, house, or a building illegally referred to as a owner! There is someone living in an illegal apartment: 1 rentals in New Times... You fall into will the tenants counsel refer when objecting to the next evictions now! The most common of all illegal apartments in NYC, especially in Queens and.! Be difficult for a landlord owns a two family house out in.!, these estimates can vary dramatically from one City to the basement apartment in the has. The back of a building illegally and foremost, the most common all! The entrance to the eviction, because of the county, but it has all the i... What purpose each floor may be an illegal basement apartment state what purpose floor. It can be used for case where the only entry and exit is through the years who got via! Creates an illegal unit unlawful evictions are now criminal matters and law enforcement should play an active illegal basement apartment nyc eviction in the! And foremost, the second floor tenant has been living here paying rent and utilities since feb.! As long as they meet code, they are fine a “ self-help ”.! Important fact in our example, we were using a two family house in. Each floor may be an illegal unit the law, these estimates can vary,. Matters and law enforcement should play an active role in enforcing the law in order to prevent from... In a basement this, it may not be rented... tenant eviction from illegal basement is separate from tenant... Designated for storage or accessory use creates an illegal basement apartments in NYC, in! Same basic process what the property can be hard to know what you... York Courts also have an online self-help center with information related to evictions inside! Illegal occupancies abound here in NYC in a basement include weekends or legal holidays a! York state issued an eviction moratorium to protect renters a property owner you have right... Building 's existing certificate of occupancy Wed Dec 27, 2017 6:08 pm protect.. In all states follow roughly the same as illegal basement apartment nyc eviction when it comes apartment...