Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).
Are New York basement apartments legal?
[xii] New York State’s Multiple Dwelling Law (MDL), which is applicable to buildings with 3 or more units, prohibits any residential use in cellars but allows for residential use, including the creation of an ADU, in basements, as long as the unit complies with all other regulatory requirements.
How do I report an illegal basement in NYC?
There are several ways to report suspected illegal short-term rentals in your building or neighborhood. You can call 311 and follow the prompts; or submit a complaint online.
Is a kitchen in basement legal in NYC?
As long as they meet all other code standards, basements can have usable space such as bedrooms, kitchens, living rooms, and bathrooms. While having an apartment in the basement is legal, it must be stated on the Certificate of Occupancy.
How do I turn my basement into an apartment in NYC?
Process. Eligible homeowners are provided with financial assistance in the form of a loan to convert their basement or cellar into a safe, livable apartment by providing low – or no-interest loans, with a maximum loan amount of $120,000, and the technical assistance necessary for completing a construction project.
What makes a basement legal in NYC?
In NYC, basements and cellars are not the same thing, and the difference determines whether it is a legal dwelling. According to the Department of Housing, Preservation & Development, a basement has at least half of its height above curb level, while a cellar is less than half above grade.
How do I know if my basement is legal in NYC?
You can check the Certificate of Occupancy on the DOB website to see if the basement you wish to rent is legal. DOB also posts Tips for Renters to help identify when an apartment is illegal. A basement is a story of a building partly below curb level but with at least one-half of its height above the curb level.
What is the difference between legal and illegal basement?
What Is The Difference Between A Legal Suite And An Illegal Suite? A legal suite is when the secondary suite or garden suite adheres to zoning bylaws, meets BC building codes, and has all of the building, electrical, and plumbing permits in place.
How many illegal basement apartments are in NYC?
It would cost the Big Apple nearly $14 billion to bring the estimated 50,000 illegal basement apartments across New York City up to code, The Post has learned.
Can I be evicted from an illegal apartment NYC?
Conclusion. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. 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.
Why are basement apartments illegal in NYC?
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.
How much does it cost to legalize a basement in NYC?
Mayor Eric Adams supported the legalization of basement apartments to help make them safer. The estimated cost to bring each unit up to code ranges from $275,000 to $375,000 each.
Can you put a full bathroom in a basement?
When it comes to adding a basement bathroom, it’s likely that you will need to have new water lines, drainage lines, and electrical connections installed. This means that you will need a building permit to ensure that the work is being completed according to code.
How many New Yorkers live in basement apartments?
There are an estimated 100,000 basement and cellar apartments in New York City, according to the nonprofit Pratt Center for Community Development.
How can I make my basement safe to live?
The following are the top seven steps you should take to transform your basement into a livable space.
- Measure Your Basement.
- Inspect Existing Construction Quality.
- Install Insulation and Moisture Protection.
- Install the Right Egress Windows.
- Inspect for Radon.
- Check for Rot and Pest Damage.
- Install a Sump Pump.
Does basement count as square footage in NYC?
To put it in legalese, a basement is “a building story that has at least one-half of its floor-to-ceiling height above curb level or the base plane,” in the words of NYC Planning. And this space is included in floor area calculations — aka the square footage of the building.
What is the rule for basement?
The National Building Code regulations say that a basement can only be used for commercial purposes, or storage, parking, cellar, a dark room or even space where machinery such as air conditioning can be installed legally. However, despite this rule, many may opt to rent out this space for the residential purpose.
What is an illegal apartment in NYC?
For starters, the apartment is illegal if the space is used in a manner beyond what the building permit specifies. For example, commercially zoned units cannot be rented as residential spaces. Cellars, commonly found in single family homes, are not zoned as residential dwellings and therefore are illegal to rent out.
Can a basement be habitable?
Converting a basement into a habitable space will require Building Regulations approval even if it only involves a change of use of an existing cellar. Building Regulations will ensure your newly converted basement is safe and energy efficient.
How do I turn my basement into an apartment?
Main Steps for Converting a Basement Into an Apartment
- Install an exclusive exterior entrance to the unit.
- Create defined living spaces and a functional layout.
- Enable heating and cooling with an independent system.
- Install the necessary electrical and plumbing systems.
Can you have a shower in the basement?
Installing a tub or shower in your basement carries many of the same concerns as installing a toilet. You may need to break up the floor and excavate to install the plumbing. If plumbing stubs are available, you can install a shower as you would in any other room.