Often asked: What makes an apartment illegal in NY?

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. So what makes an apartment illegal? For starters, the apartment is illegal if the space is used in a manner beyond what the building permit specifies.

What makes an apartment illegal in New York?

When an apartment is illegal, the space should not be used to live in, a landlord or owner can’t collect rent. The apartment has no inside plumbing, bathroom or cooking places or the bathroom or kitchen facilities are separated, like if the toilet and the shower/bath are in different rooms.

What happens if you rent an illegal apartment in NYC?

However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs.

What happens if you rent an illegal apartment?

There is a penalty, likely a fine, for violating local zoning requirements for building without permits and for unlawfully renting the unit as a separate residence; The owner may be forced to evict the tenant of the illegal unit.

What is illegal renting?

An illegal rental unit is one that is rented out for a residential purpose when the property is not legally considered to be residential. Landlords and tenants both have certain rights when it comes to illegal rental units, but make sure you know how to remain legally-compliant.

What is an illegal apartment in NYC?

Illegal use is when a residential or commercial property is being used for anything other than its regulated Certificate of Occupancy or zoning. This can include illegally renting permanent housing to guests who stay less than 30 days.

What is considered uninhabitable living situations for a tenant?

Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.

Can I be evicted from an illegal apartment?

If your apartment is illegal, you are not required to pay any rent, but your landlord can still evict you (not for nonpayment of rent, but to cure the illegality of your residing in an illegal apartment).

How many illegal apartments are in NYC?

These “hidden” units have always been prevalent in New York City, which is home to roughly 50,000 basement apartments, although that number is likely much higher as many of them are considered illegal.

Are basement apartments legal in NY?

Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).

Can I be evicted from an illegal apartment NYC?

Yes. You must commence an eviction proceeding. Technically, the tenant does not have to pay rent if basement is illegal. I strongly suggest that you hire an attorney.

What is illegal housing?

Illegal dwellings on the rise These include secondary dwellings that are built, or converted from a garage or shed, without planning permission. Building inspectors usually become aware of illegal dwellings through complaints from neighbouring residents.

Is subletting without permission illegal?

From a legal perspective, a tenant cannot sublet without your permission, period. If the tenant has brought in someone else who is not on the lease, they have no legal status. You can give your tenant notice for breach of contract and whoever else is in occupation without permission has to vacate as well.

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