Illegal basement (apartment, lease, eviction)

[fercho14]

Anybody knows how much if=s the fine for renting an illegal basement in queens?
I rent my house to my uncle and I did not know he was renting the basement. The worst part is the tenat just got a new baby born. The guys does not want to pay rent anymore and tols my uncle to do wahtever because he knos is illegal to rent a basement. He doesn't wnat to move out.
Suggestions?

[modsquad81]

Originally Posted by fercho14

Anybody knows how much if=s the fine for renting an illegal basement in queens?
I rent my house to my uncle and I did not know he was renting the basement. The worst part is the tenat just got a new baby born. The guys does not want to pay rent anymore and tols my uncle to do wahtever because he knos is illegal to rent a basement. He doesn't wnat to move out.
Suggestions?

If the rest of the house is legal then I would suggest you call the DOB on yourself. You will receive a violation "use of space contrary to C of O or zoning". If you're lucky they will bring along Tim Lynch, forensic engineer for the City of NY and vampire. He has the authority to order an immediate eviction based on the hazardous living condition. I have been on the receiving end of his wrath and it is swift. Paying the fine for the violation will be much cheaper then trying to evict from an illegal apartment.
Even if Lynch doesn't show up having the violation will work in your favor for eviction.
Just make sure the rest of the house is in order!

[modsquad81]

Stupid question. Is your uncle "sharing" the house with these clowns? OR do they have a completely separate entrance with kitchen and bathroom downstairs. Is the apartment physically separate from the rest of the house. If he is sharing (a legal term in NYC) then you can ignore the living downstairs and still evict.

[boan]

Have your uncle pay all costs associated with the eviction as well.

[SobroGuy]

Umm the simple thing to do is wait for them to leave and then change the locks and have all of their items removed on the curb. The basement is not an apt and they cannot move back in. You cannot have a lease to an illegal apt, nor a right to inhabit it. As far as you know, they are crazy people who unloaded all of their items in front of your house, and you have never seen them before.