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It is, again constructive eviction is not only illegal in NYC/NYS, but you could be hit with legal proceedings and costs for tenant harassments. At end of day these eejits may end up owning your house after all that goes down....
I've told ya; drop a quarter to city (or get someone else to do it) filing complaint of people living in an illegal and unsafe basement apartment. HPD will send someone to inspect and that will start process going. Just be sure someone will be at premises to give inspector access. This includes over and above any objections from so called tenants. Eff em. When inspector shows up, you as property owner have legal cover to give access.
Yes, you may be hit with fines, but that's what your reward for letting no good deed go unpunished.
Have news for you, longer this drags out more you are going to be out of pocket. Laws are clear; you cannot collect rent for an illegal apartment, so the past 18 months of rent you thought were going to get (but didn't) in a way is a God send since you don't have to repay these people anything.
This is not constructive eviction. I know this for a fact. I won't go into how I know. But I know that this can be done.
If the landlord did not file to install a kitchen in the basement it should not have been there in the first place
Constructive eviction only occurs when the landlord removes legally required amenity in a legal apartment.
Illegal amenity in an illegal apartment all bets are off.
In any case, the first violation and notice to cure that the landlord will be receiving when DOB officials come in is to remove the kitchen and all illegal partition walls.
If there is an illegal bathroom, one can file to legalize the bathroom if the plumbing, venting and electrical was done correctly.
So the OP can remove the kitchen before DOB gets there because DOB WILL tell her to remove that kitchen immediately AND ISSUE a fine for it.
CALL DOB and get the apartment condemned. They will be out. Pay a contractor to restore the basement to non habitable condition ( no bedrooms or kitchens).
You are out 12 months of rent and will be out another 12 months plus the aggravation of seeing them. May as well cut your loss and incur the fine to get them out then cure the violation.
Be prepared to change the lock and/or install a deadbolt next time they leave the apartment. When they come back, tell them you will have their items outside in 1-2 days.
Your hands are tied. I know a lady who rented out her basement and the tenant stopped paying. The tenant then took her to court and the lady I know lost the case and had to pay hotel fees for the tenant for 6 months or until she found an apartment. Nyc is definitely on favor for tenants. Maybe try to pay them to leave but courts won't be much help to you.
are they immigrants?
how big is the family?
if he has not paid your rent,where does he get money to feed his family?
do they ever go out together?
Then you can change the lock,shut off utilities and do not allow them back,throw some of their stuff on the lawn.
get a dog !
They probably have no place to go and no money to go anywhere,if you can find them someone or some org to help them,take the head of the household to learn more
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