Basement conversions new york




















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If successful and brought citywide, this model could eventually bring tens of thousands of new and already inhabited basements and cellars into the legally recognized housing market. Pratt Center was a member of a joint technical working group of City agencies and community organizations convened by the City to negotiate the legal framework and design of the pilot. The outcome of this working group was the passage of Local Law 49, signed into law in early Due to the economic crisis wrought by the pandemic, Mayor De Blasio cut almost all funding for the pilot in June , leaving its fate unclear.

The bill under consideration, however, is nowhere near so grandiose. It is actually quite narrow, as it only allows for the creation of 40 basement apartments. First, it would amend some codes to make it feasible to convert illegal basement and cellar units to legal ones with automatic sprinkler systems, ventilation, emergency escapes, and, when applicable, fire separations. As another example, the bill will make some cellar apartments legal so long as they have at least 2 feet of height above the grade plane.

Currently, basement apartments are potentially legal and cellar apartments are necessarily illegal. What's the difference? The former is less than 50 percent below grade and the latter is more than 50 percent below grade. In other words, an apartment that has 8-foot ceilings is a basement legal if the floor is less than 4 feet below street level and a few other conditions are met. If that same apartment with the 8-foot ceilings were to have a floor that is more than 4 feet below street level, it would mean the space is a cellar and, therefore, that it is illegal to rent out that space.

Secondly, the bill would defer penalties against owners, provided they are not immediately hazardous, so that they can get the necessary permits to bring their property up to code. Once the conversion is completed, fines stemming from renting the apartment illegally will be put into abeyance.

Third, it will allow owners to obtain an amended certificate of occupancy once their building is brought up to code.



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