UNLAWFUL EVICTION & FAIR HOUSING

I am a tenant living in the basement of a two-family house.  I lost my job about two months ago and have fallen behind in my rent.  I told my landlord that I was doing everything I can to come up with the money but he just yells at me to get out and threatens to put all of my things out on the streets.  Can my landlord really put my things out and evict me?

                                                      D.L., Long Island City

If you are a tenant in a legal basement apartment, your landlord can evict you without "just cause", but he must take you to court if he wants you out.  The landlord must give you a 30-day "Termination Notice to Vacate" before an eviction can take place. The 30-day notice must be delivered on or before the date that rent is due and will begin on the day that your rent is due.  A 30-day notice does not mean that you must leave after 30-days nor does it entitle the landlord to lock you out or put your property on the streets.

Any eviction that is not ordered by a Judge and carried out by a City Marshall constitutes an illegal eviction.  Tenants who are victims of an illegal eviction should call the police immediately and demand to be restored to their apartment.  If there is a dispute when the police come, cite Procedure #117-11 of the Patrol Guide and demand to be put back into your apartment.

If the landlord takes you to Court to evict you, a Judge may use his authority to "stay" the eviction for up to six months to give you more time to find another apartment.

Tenants living in basement apartments may want to verify the legality of their apartment.  In order for a landlord to legally collect rent for a basement apartment, he/she must file plans and install systems to Code.  If a landlord is renting out a basement apartment and has not filed the appropriate forms and paperwork, he/she is not legally entitled to collect rent.

If your basement apartment is illegal, you may have added protection against eviction in housing court.  However, as with any legal proceeding, you should consult a housing attorney or your local housing group. Central Astoria Housing Assistance, 28-27 Steinway Street, Astoria, N.Y., (718) 204-1056.

You may find out whether your basement apartment is legal by going to the NYC Department of Buildings at 126-06 Queens Blvd, Kew Gardens, N.Y., (718) 520-3401, to review the folder of the house where the basement apartment is located.  The folder should contain the documents and paperwork that would indicate whether or not your basement apartment is legal.  The information to look for would be the copies and/or the originals of applications for permits, which would bring the basement apartment up to code, such as permits for plumbing and electrical work.  You may also want to obtain a copy of the Certificate of Occupancy ("C of O") at the NYC Department of Buildings if the owner of the house has filed one.  The Certificate of Occupancy will state how many units, or apartments the house is registered as having.  Therefore, if you are living in the basement apartment of a two-family house and the Certificate of Occupancy states that the house has only two apartments, you are probably living in an illegal basement apartment.