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How do we get a person living in an illegal basement out in NY?

Brooklyn, NY |

My parents converted an illegal basement apartment in NY to help my sister get on her feet and only asker her to help pay utilities. Five years later, she has moved a man in and his 5 children. We are looking to bring the house up to code and shut down all basement inhabitants. We have asked her to move for the last year to no avail. Please help!! We do not know the best way to get her out.

Attorney Answers 2


  1. You have to start eviction proceedings right away. Consult an attorney in you area.


  2. Dear we asked her for a year to get out:

    As long as you stay in the "asking" mode, you will not begin the legal process. The basement tenants may have rights. Your sister is a tenant.

    I do not believe any attorney answering your post would suggest you attempt a difficult lawsuit on your own. So you should bring this family problem to an attorney.

    Meanwhile, you should become sensitive to your rights as a landlord in the New York City Housing Court:

    http://www.courts.state.ny.us/courts/nyc/housing/pdfs/Landlordbooklet.pdf

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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