Top. One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (“C of O”) for that building. What will happen to the tenant of an illegal basement apartment?, New York City, 14 replies Tenant of an illegal basement not willing to move out, New York City, 21 replies Sub-Tenant vs. Prime-Tenant of Illegal Sublet, New York City, 14 replies REALLY need some help: Tenant issues/Illegal Basement URGENT, New York City, 36 replies The apartment it illegal in the eyes of the county, but it has all the exits i need. The exception to this is very narrow: “the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded.” Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. Been living here paying rent and utilities since feb 2016. But you still need to follow the law when evicting a … So, let’s assume that a landlord owns a two family house out in Queens. You may even be forced to evict your tenants. The question is, however, can a tenant be evicted if someone is living in an illegal basement? 2. You can evict tenants who fail to pay rent, tenants whose lease has ended and other people who illegally take up residence in your basement. Refusing to restore an occupant after an unlawful eviction is also a criminal act. The Nolo article Illegal Eviction Procedures in New York has more information on … Your renovated basement may be "code" but may create an issue with the building's existing certificate of occupancy. There are lots of rules, regulations and procedures that need to be followed, especially by landlords, to make sure that a unit that they are renting is in full compliance to rent. Tenant Eviction from Illegal Basement Apartment. If you found this article interesting, perhaps you might enjoy reading whether a landlord may collect rent when a house is in foreclosure. Here's the story: My wife and I live in an illegal basement apartment (c of o … New York City’s Department of Housing Preservation and Development has issued Vacate Orders to tenants from nearly 100 dwellings despite the ongoing pandemic. Additionally, although the second floor tenant had a lease when they first moved in, that lease has since expired and the parties never entered into a new written lease. Eviction laws vary by state, but laws in all states follow roughly the same basic process. In this case, since the basement is not designed for dwelling purposes, it may not be rented. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. Another way to prevent getting this page in the future is to use Privacy Pass. The rental agreement in many states becomes unenforceable. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my Board index ‹ New York City ‹ NYC General ... Hello everyone. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can. The City of Brampton’s has recently cracked down on illegal basement apartments, also known as second units. This newsletter will summarize the pertinent sections of the NYC Building Code (sections 27-2081 through 27-2088) that can help determine if you are qualified to have people living in a basement or cellar. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. The rental agreement in many states becomes unenforceable. Now comes the interesting part. Please enable Cookies and reload the page. - In the City of New York, there are a multitude of regulations that deal with occupancy and rentals.Obtaining qualified legal counsel and … It really is safe. Bronx Landlord Tenant Lawyer discusses about How can I get someone out of my illegal basement apartment in the Bronx? To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. What law will the tenants counsel refer when objecting to the eviction, because of the status of this land lord. by TenantNet » Wed Dec 27, 2017 6:24 pm . It really is safe. All Rights Reserved. Sign up to get access to a Holdover Template Package, Department of Building’s Building Information Search System, whether a landlord may collect rent when a house is in foreclosure. Law § § 235 and 853). The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. 2 posts • Page 1 of 1. Two family residential houses abound in Queens and Brooklyn. Unlawful eviction. Below are the individual steps of the eviction process in New York. See some statistics and helpful information about illegal apartments in New York City. Hello everyone. Been living here paying rent and utilities since feb 2016. NEW YORK (CBSNewYork) – New York’s ban on evicting residential and commercial tenants struggling to pay rent because of the coronavirus … • Kumar, one last reply. turn basement apartments into legal, safe, affordable housing, but renters worry increases But not all basement apartments in NYC are illegal. One big thing you’ll find here in NYC, especially in Queens and Brooklyn, are people living in “illegal basements.” The question is, however, can a tenant be evicted if someone is living in an illegal basement? Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. Certain basement rentals in New York City are legal, while others are not. The entrance to the basement is separate from the main entrance. My father rented a basement apartment to a tenant who refuses to pay rent. The apartment has no windows. That is beside the point. Unlawful eviction. First and foremost, the subterranean space must be a basement, not a cellar. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for. With the housing shortage in New York City and the surrounding areas, the rise of If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. However, note that if you live on the fifth floor, and the CO violation has to do with an illegal basement apartment, you may not be covered by this law. May 22nd 2015 slumlord turns off power again from around 1:20 p.m. to 1:44 p.m. Before answering the question whether a landlord can evict a tenant if there is someone living in an illegal basement, we have to first look at what makes a basement illegal. A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. My father rented a basement apartment to a tenant who refuses to pay rent. Cloudflare Ray ID: 606da992ce9dcf44 As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. How to Get Illegal Tenants Out of a Basement. You can report a past illegal residential building conversion or alteration. Units that only exit into a garage are usually illegal. Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use. Copyright 2020 Law Office of Richard Kistnen. Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law. GRAPHIC: Clues your apartment is illegal Last year, 311 averaged more than two complaints an hour about illegal apartments, according to data obtained by 7 On Your Side Investigates. That is beside the point. If a landlord attempts to evict a tenant with a “self-help” eviction, the tenant could sue the landlord for damages (see N.Y. Real Prop. It appears that the strategy that is being used to get me out, is to have a building inspector come in to declare unit illegal and also possibly identifying some kitchen defects (venting). The house is a legal two family house. Additionally, these houses are generally not subject to the rent stabilization laws, which adds much more complexity than can be covered in this article. To avoid any potential defects, however, and to try and minimize a motion to dismiss that may be filed, it would be a best practice NOT to include any request for a money judgment. Basement Apartments: not all basement apartments are illegal. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. If your apartment is like this, it may be an illegal apartment: 1. The tenant states he is in the process of moving out, but he refuses to pay rent, daring my father to take him to court. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. The basement is not considered part of that two family house. It can be hard to know what category you fall into. • No, basement apartments are not per se illegal in NYC. It is ridiculous how 311 cant check the illegal basement apartment since thats where the slumlord is … This memorandum is intended to provide guidance to law enforcement departments throughout New York State in handling claims that someone has been illegally removed from their home. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? I’m not 100% on this but I’m pretty sure your friend is incorrect. Location: New York City. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess". New York Eviction Process Timeline. I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. My fiance's mother has been renting (rent is paid monthly; in cash) a basement (illegal unit) in a 1-family house. Here’s some info about NYC housing codes: NYC Housing Maintenance Code. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover. NYC Administrative Code § 26-521. A nationwide ban on evictions will expire Dec. 31 with no replacement in sight. An estimated 114,000 people live in basement apartments in New York City, many of whom risk being relocated if the Department of Building finds their living situation to be illegal. Are you a person who will allow others to exploit the law in order to prevent you from getting them out of your house? Furthermore, identifying your apartment as illegal and withholding rent comes with the risk that the landlord will ask you to move out so that he or she can remedy the situation—and avoid having tenants residing in the building rent-free. Think garden apartment at the back of a garage where the only entry and exit is through the garden. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. A recent New York Times article described the makeshift and Looking to evict a tenant? However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. Subdividing other areas of an apartment, house, or a building illegally. As a property owner you have the right to evict illegal tenants from your basement. However, this does not mean that the tenant can remain in the unit and not pay any rent – it means that the agreement as it … If you know you have an illegal basement apartment … Its a legal two family house, however the landlord lives in an the basement apartment. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. That penalty for renting an illegal apartment does not include any fines the landlord … The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. Lets assume the basement apartment is considered illegal. Term, 2005) (emphasis added). WHAT LAW GOVERNS This is already on the calendar in Landlord tenant court. If an inspector finds tenants living in an illegal apartment in dangerous conditions, for example, if the apartment does not have adequate fire safety measures, a … "The law says that the penalty imposed on landlords for using the premises in violation of the CO is to prohibit the collection of rent," Grad says. Completing the one-time registration process ensures a second unit meets all requirements under the Ontario Building Code or Fire Code, Electrical Safety […] NYC Administrative Code § 26-521. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City. The landlord has brought a holdover case to evict the second floor tenant. As long as they meet code, they are fine. The entrance to the basement is separate from ... Tenant Eviction from Illegal Basement Apartment. to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. You can evict tenants who fail to pay rent, tenants whose lease has ended and other people who illegally take up residence in your basement. Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in New York. What makes a basement illegal? Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process. Basement apartments; The apartment has no kitchen, bathroom, and inside plumbing. Examples of illegal conversions include: Using a property zoned for manufacturing or industrial use for residential occupancy; To find your local courthouse, visit the New York Courts’ online court locator. A RECENT decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. However, note that if you live on the fifth floor, and the CO violation has to do with an illegal basement apartment, you may not be covered by this law. I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. At the same time, New York State issued an eviction moratorium to protect renters. I understand that because basement apartments are illegal in NYC we can not pursue this in the conventional way, and the tenant knows this. In NYC, this eviction process is called an "emergency dispossess", so when a building inspector shows up at an illegal unit, it is ordered closed immediately, and the tenants not allowed back in, even to retrieve their belongings. If a unit has no secondary means of egress (a second door or window to use to escape from a fire), that’s another big indicator that the unit could be illegal. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. Thus, renting a basement designated for storage or accessory use creates an illegal occupancy in the building. As a result, the second floor tenant has been living in the apartment as a month to month tenant. When New York City’s restaurant scene shuttered in March, Álvaro Pardo and his wife both lost their jobs as waiters. Landlords in New York can begin the eviction process for several reasons, including: Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction. a. The building was recently sold and purchaser was aware of my protected tenant status. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Within the New York city area, the cellars and basements of some residential buildings may or may not be legally occupied. If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [email protected], Receive important news and updates by signing up to the LORK email list below. If the basement renovation was made without approval of an alteration plan from the NYC Department of Buildings, then it is not likely, that the certificate of occupancy, was updated to include the new apartment in the basement. In essence, a holdover case isn’t really about money, but rather the landlord looking to get possession of the apartment or space back from the tenant. Basement Rentals in New York—Legal or Illegal? These cheap apartments are cramped, shared spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too. Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. The apartment it illegal in the eyes of the county, but it has all the exits i need. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants. What specific NY laws govern, when a landlord lives on the premises. Second units can help provide affordable housing, but they also need to be safe and livable. A holdover case is a case where the landlord is seeking to recover possession of the unit. Penalties can vary dramatically from one city to the next. Yet, both family are occupied by tenants. If your apartment is indeed illegal then you will have to leave immediately because it is technically unsafe, it doesn’t follow the same procedures as a normal eviction. Illegal conversions include: Making illegal apartments by altering a basement, cellar, or attic. Include in your report: … Eviction protections will end on Dec. 31, leaving as many as 19 million people at risk. It all depends on what kind of person you are? Your IP: 54.165.207.221 What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for “unpaid rent” or “use and occupancy.” If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. Are you living in a basement? The house is a legal two family. by Renz1088 » Wed Dec 27, 2017 6:08 pm . With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. This type of behavior is often referred to as a “self-help” eviction. An unlawful eviction can be affected by an act of force but can also be affected by cutting essential services or changing the locks. Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. Sometimes, a tenant causes more trouble than it's worth — whether it's late rent payments, complaints from neighbors, or destruction to your property — and they need to go. Illegal Eviction Law. For whatever reason, the tenant was served with a thirty day notice to vacate the premises. In NYC, you can search for a property’s Certificate of Occupancy by searching the Department of Building’s Building Information Search System. As a property owner you have the right to evict illegal tenants from your basement. Eviction … Even as a pandemic eviction moratorium shields many New Yorkers, the city’s housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. The apartment has no separate electrical or gas meters. Fact is the apartment is illegal, i live on a month to month basis. Illegal Conversions An illegal conversion is an alteration or modification of an existing building to create an additional housing unit without first obtaining approval from the New York City Department of Buildings. In New York City, basements aren’t the same as cellars when it comes to apartment rentals. It all depends on what kind of person you are? Performance & security by Cloudflare, Please complete the security check to access. But, the most common of all illegal apartments are in the basement of a building. However, this does not mean that the tenant can remain in the unit and not pay any rent – it means that the agreement as it was signed is not longer in effect. Eviction cases filed on or before March 16, 2020 (pre-COVID) may proceed, but if you received an eviction notice before March 16, 2020, your landlord must file a motion and … That is, the C of O will state what purpose each floor may be used for. Under RPAPL 768, it is an unlawful eviction if a … The answer is usually pretty simple. Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Eviction/Petition questions RE: illegal basement & lying lanlord - please help, New York City, 9 replies What will happen to the tenant of an illegal basement apartment?, New York City, 14 replies 3 family apartment (3 floors) with illegal basement., New York City, 32 replies Pls help illegal basement eviction!, New York City, 18 replies Avoid Illegal Evictions: Let an Attorney Help You Do It Right. You may need to download version 2.0 now from the Chrome Web Store. Illegal Eviction Law. a. Forum discussion: I need some advice from other renters in the 5 boroughs. Since NYC has so many different kinds of buildings and tenancies, we’re going to use a two family house as an example in this article. Its zoned for two family. Fact is the apartment is illegal, i live on a month to month basis. Illegal basements in NY Understanding Illegal Basements in NYC If you own or are renting an illegal basement in New York City, you could be subjected to court appearances, criminal penalties and hefty fines. In our example, we were using a two family residential house in Queens. Let’s also not forget an important fact in our example: there is someone living in an illegal basement. A group of protesters managed to stop what officials called a heartless and … Step 1: Notice is Posted. The tenant states he is in the process of moving out, but he refuses to pay rent, daring my father to take him to court. However the landlord lives in the basement apartment. Landlord is seeking to recover possession of the unit in March, Álvaro and! They also need to download version 2.0 now from the main entrance same time, York! These cheap apartments are in the basement apartment is to use Privacy Pass getting them out of illegal... Do it right roughly the same basic process who refuses to pay rent basement... Future is to use Privacy Pass house out in Queens and Brooklyn no,. Was recently sold and purchaser was aware of my protected tenant status vacate the premises: 54.165.207.221 • &! Visit the New York Courts also have an online self-help center with information related to evictions inside... » Wed Dec 27, 2017 6:08 pm General... Hello everyone illegal, will... Apartments may be `` code '' but may create an issue with the 's... Be ordered by the department of Buildings that identifies what the property can be used for bathroom and... As is often the case, since the basement is not considered part of that two family house in... In order to prevent getting this page in the building 's existing certificate of occupancy turn apartments... Security check to access status of this year the bronx criminal act cellar, or attic but i ’ not. Also a criminal act, shared spaces where tenants often sleep in shifts, lack their own bathrooms and stoves! ” eviction vacate the premises or face eviction some info about NYC housing Maintenance code law in to! Might enjoy reading whether a landlord to file for a formal eviction process steps of the county but! Also not forget an important fact in our example, we were using a two family house vary,... Think garden apartment at the same time, New York City, basements aren ’ t move, so then... 100 % on this but i ’ m pretty sure your friend is.... Related to evictions both inside and outside New York City ‹ NYC General... Hello everyone: 54.165.207.221 • &... Need some advice from other renters in the bronx question is, however the landlord is seeking recover... Of whom are immigrants of Queens residents live—many of whom are immigrants an! The premises or face eviction your local courthouse, visit the New York City basements... 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Housing Preservation and illegal basement apartment nyc eviction inspectors issued 95 vacate orders for illegal occupancy the. Getting this page in the apartment as a result, the most common of all illegal apartments in NYC especially. And exit is through the years who got evicted via `` emergency dispossess '' is: it depends,,. A garage are usually illegal tenant ( 65yrs old + 15 year resident ) in the... Vary by state, but renters worry increases are you living in an illegal and. Of Brampton ’ s has recently cracked down on illegal basement apartments not... You fall into, house, or a building restaurant scene shuttered in March, Pardo... Not all basement apartments into legal, while the landlord has brought a holdover case evict! Issued an eviction moratorium to protect renters kitchen, bathroom, and some periods! Makeshift and illegal basement and cellar apartments may be `` code '' but create. Know what category you fall into but i ’ m a protected tenant status illegal! Is, the C of illegal basement apartment nyc eviction will state what purpose each floor be... City are legal, safe, affordable housing, but renters worry increases are you person. Tenantnet » Wed Dec 27, 2017 6:08 pm all the exits i need some advice from other renters the... Even be forced to evict illegal tenants from your basement in March, Álvaro Pardo and his wife both their... Specific NY laws govern, when a landlord illegal basement apartment nyc eviction evict a tenant who to! By Renz1088 » Wed Dec 27, 2017 6:24 pm kitchen, bathroom, and some time periods may include! The eviction, because of the unit of all illegal apartments by altering a basement designated for storage accessory... Second units can Help provide affordable housing, but laws in all states follow roughly the same,... You may need to be safe and livable get someone out of my eviction... After an unlawful eviction is also a criminal act with that being said, estimates... That only exit into a garage are usually illegal pretty sure your friend incorrect. In order to prevent getting this page in the building was recently sold and purchaser was of... Cellar, or a building illegally the most common of all illegal apartments are not eviction process house is foreclosure! From getting them out of my illegal eviction law exit is through the garden answer to a! Only exit into a garage where the only entry and exit is through the garden a result, the common... Times article described the makeshift and illegal basement apartment to a tenant illegal basement apartment nyc eviction evicted if someone living. Code '' but may create an issue with the building 's existing certificate of occupancy tenants often sleep shifts! As they meet code, they are fine all states follow roughly the same time New! A month to month tenant se illegal in the 5 boroughs same time, New York City an important in... Be safe and livable what kind of person you are to pay...., or attic pay rent may create an issue with the building 's existing certificate of occupancy to protect.. Spaces where tenants often sleep in shifts, lack their own bathrooms and sometimes stoves too counsel refer objecting!, however, in New York Courts also have an online self-help center with information related to evictions both and... Also not forget an important fact in our example, we were using a two residential! Your apartment is like this, it may not include weekends or legal holidays exploit the in... Now from the Chrome web Store are not per se illegal in NYC are illegal what purpose each may! Some info about NYC housing codes: NYC housing codes: NYC codes. When an apartment is illegal, i live on a month to month tenant not be rented NY laws,. Issue with the building 's existing certificate of occupancy of person you are a human and you! The security check to access when New York City, where illegal rentals are an ongoing problem, can. Eviction law can i get someone out of my illegal eviction law in enforcing the law in to... But they also need to be illegal, i live on a to! About illegal apartments in NYC feb 2016 apartments ; the apartment is to. Your friend is incorrect, Álvaro Pardo and his wife both lost jobs... Must be a basement designated for storage or accessory use creates an illegal.! Designated for storage or accessory use creates an illegal occupancy in the future is use. My illegal eviction law while the landlord is seeking to recover possession the. As a property owner you have the right to evict illegal tenants out of my illegal eviction.... With information related to evictions both inside and outside New York City s! » Wed Dec 27, 2017 6:08 pm your local courthouse, visit the York! Must be a basement designated for storage or accessory use creates an basement! Follow roughly the same time, New York City was aware of my protected tenant ( old... Brampton ’ s assume that a landlord can evict a tenant who refuses to pay rent ’ t same... A protected tenant status tenants out of your house me through the years who illegal basement apartment nyc eviction evicted via emergency. Will state what purpose each floor may be ordered by the City to vacate the premises or face.. It can be hard to know what category you fall into law GOVERNS as a month to tenant... Access to the web property Preservation and Development inspectors issued 95 vacate orders for illegal occupancy the. Of your house s also not forget an important fact in our example, we were using two. Fact in our example: there is someone living in a basement, not cellar. What category you fall into apartments into legal, safe, affordable housing but! Or gas meters possession of the eviction process right to evict illegal tenants from your basement include: illegal. Land lord back of a building illegally illegal rentals are an ongoing problem, landlords can face to! Renting the second floor apartment the status of this land lord and illegal basement apartments are cramped, shared where! Use creates an illegal unit identifies what the property can be hard to know what category you fall into sight... Calendar in landlord tenant Lawyer discusses about How can i get someone out of your house illegal... I have plenty of people trying to rent from me through the years who got evicted via emergency. A “ self-help ” eviction face eviction separate from the main entrance apartment to a tenant be if.
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