Illegal Apartments: What to Avoid and Why

A pair of recent building fires in Brooklyn and the Bronx has brought to the forefront the growing problem of illegal housing in New York City.

These fires, which resulted in five fatalities, came as a grim reminder of the dangers associated with illegal apartments and why it is important for tenants to be well informed.

So what makes an apartment illegal? An apartment is considered illegal if the space is used in a manner beyond what is specified in the building permit. One example of illegal usage is renting commercially zoned units and cellars as residential spaces.

Basement and attic conversions are red-flags. Also, extension cords for electricity and padlocks for security are other indicators that the house is illegally wired and secured.

Attorney Stephen Myers, supervisor of housing at the Legal Aid Society, says there has been a spike in illegal rentals in the past five years. While a majority of his cases pertain to basement conversions, there is now a burgeoning phenomenon called “three-quarter housing.”

These are dwellings that cram 20-30 tenants into a building intended for two or three families. Three-quarter houses provide temporary or emergency housing via bunk-bedding and jury-rigged partitioning for many who might otherwise be homeless. 

“I hear about a three-quarter apartment every other week.” says Myers. “These are totally illegal.”

Illegal apartments jeopardize everyone’s safety and security--lawful tenants included--and should be reported to 311. Once reported, an inspector will examine the unit. If deemed illegal, the landlord must either enact the necessary measures for legalization, or tenants will receive an eviction notice. 

Still, for fear of legal retribution or simply to evade the aggravation of moving, some individuals residing in illegal dwellings are slow to report their unit. And there are no consequences for tenants who rent illegally-- the onus rests entirely on the landlord. For these reasons, large numbers of illegal housing exists and goes unreported throughout the city.

But reporting is important, because these units are dangerous.

“Is it worth your life?" asks Department of Buildings Representative Jennifer Gilbert. "These units are potentially life-threatening. Is it worth it to save a few bucks?”

Another major disadvantage of renting illegally is the absence of a viable contract between tenant and landlord.  Louis Belisario, associate manager at Fillmore Real Estate in Brooklyn, warns, “Most illegal apartments aren’t going to offer you a lease. A lease is the contract between you and the landlord. You want to have some type of legal backing just in case anything happens . . . Without a lease you hold no water in a legal scenario.” 

While tenants may be spared liability, they unfortunately have few legal rights following an eviction. Under no circumstances is a landlord or any governmental organization required to help tenants find new homes, if there was no lease agreement or any other binding contract.

“It doesn’t matter how sympathetic your story is,” says Myers of the Legal Aid Society. “You can live with your 98-year-old grandpa who’s on a respirator, but if the marshal evicts you, you’re completely on your own.”

Myers also warns that, without a lease, evicted tenants rarely have grounds to sue their landlords.  “If you spent $20,000 fixing up the place, you might be able to sue for your expenses,” he says, “But this is rare.  Typically there is no positive action against the landlord.”

Much of the hassle and danger associated with illegal apartments can be avoided through conscientious consumerism. Be wary of landlords who won’t give an actual address or advertise the apartment as “no-lease.”  Watch out for “utilities included,” and avoid the word “flex,” which implies that an apartment can be converted into a multi-room establishment which can lead to illegality. 

As the city works to monitor and prevent illegal rentals, tenants can do their part by remaining vigilant. If you’re unsure about your building, look up the certificate of occupancy or call 311.  In these cases, it is certainly better to be safe than sorry.

For more information, please check out the following websites:

Department of Buildings - Living Safely

Departmetn of Buildings - Tips for Renters

Queens Borough President - Illegal Conversions