“Every room in a basement apartment should have an exit window or a door that opens to the outside. The windowsill should be no more than three feet above the ground and the window should be at least 30 inches high and 24 inches wide,” Leitch says. Basement apartments that do not comply with applicable laws, regulations and codes are a hornet`s nest for homeowners,” says Mary Hall Mayer, agent at Coldwell Banker Warburg in New York City. “[The landlord] would face legal consequences as well as financial problems if the illegal housing resulted in mortgage default or other conditions.” If a homeowner changes a basement or other type of space, the city or county zoning department will likely require a zoning permit. A city or county ordinance may set rules for certain types of spaces within properties. HPD has launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. BACPP provides eligible low- and middle-income homeowners living in one- to three-family homes in eastern New York City and Cypress Hills, Brooklyn (Community District 5) with low-interest or potentially forgivable loans to convert their basement or basement into a safe, legal, rental apartment, based on the amended building code adopted in February 2019. Intro. 1004.

The owner shall also receive the technical assistance necessary to complete a loan and carry out the construction project. Security can be an issue for basement apartments as the door is accessible to strangers. Since the door is located on the side of the building, it could be more attractive to thieves as they are not so easily detected. The location of a basement apartment makes it difficult for the unit to get a lot of natural light and air. This can make the unit a bit cramped, especially if you`re used to airy, open-plan apartments. Windows provide much-needed ventilation for a basement apartment, but they should also be positioned as an exit. In New York City in particular, the Department of Housing Preservation and Development requires that the floor of the yard or street be no more than six inches below the windowsill of a window. Windows size guidelines also apply, so homeowners should check local regulations to ensure compliance. The cellar and cellar differ in height above the level of the sidewalk. A basement is at least half its height above sidewalk level, while a basement is less than half its height above sidewalk level. How do I get the guidelines for creating/certifying a basement rental? Not all apartments in New York are legal. New York City classifies buildings as residential or commercial buildings, and there are laws that impose specifications for room size, heating, gas, water, and plumbing issues.

In general, basements of single-family and two-family homes are never legal to rent as apartments, as they usually have no more than one access point and are considered dangerous. A Chicago basement apartment can extend to any depth below ground level, as long as the room is sufficiently protected from leakage. Floors and walls must be impervious to the ingress of water from surface and groundwater. Basement apartments must have a minimum ceiling height of 7 1/2 feet. A legal basement apartment must have its own door to the outside. It`s not just for convenience, it`s for safety. The inhabitants of the basement apartments must have the possibility to leave the room in case of fire. HPD and DOB can check basements or basements for illegal occupation. Any agency can issue violations of illegal occupation conditions or issue eviction orders for the resident to leave the illegal space.

If an eviction order is issued by one of the two authorities, the resident will be informed that they may receive moving services through HPD. Property owners are loaned for all costs incurred by the agency and provide moving services (including temporary accommodation) to all residents who receive these services. These costs can be considerable. An independent entrance. Your basement apartment should have its own entrance on the street or yard. It`s not just about your privacy and that of your tenant – it`s about ensuring a safe exit in the event of an emergency. An apartment basement that meets city permits and building standards can add value and housing to a Chicago property. Chicago`s building codes and zoning requirements prevent homeowners from illegally upgrading a structure and posing a risk to the safety of residents.

Owners of illegal apartment basements risk quotes from the city. If a landlord does not meet the legal requirements for a basement apartment, a tenant can also terminate the lease. However, size is not the only factor that can determine these “unique” apartments. Location can also determine whether a particular room can be converted into a residential area. A typical example are the apartments in the basement. “Homeowners looking to convert their basement into separate apartments should conduct a feasibility study with a licensed general contractor to see if the unit can easily meet the city`s requirements,” Hamidi says. Can we rent a basement in a house with 3 families? HPD wants to evict everyone from the basement and says it`s illegal, but I thought it only applied to two family homes? What am I missing here? How do I get the permit for the basement as a place of residence? Someone pointed out my basement for rent, it is not. Do I have to allow inspectors access to my home? Or should they get an arrest warrant? The process is crazy, any neighbor or person with a grudge can report you without responsibility.

But not all basement apartments in New York are illegal. In fact, the city has launched a pilot program to provide funding to building owners to convert basement apartments into legal and affordable housing to alleviate the housing shortage here. A new law approving the pilot program also revised the city`s building code on minimum ceiling heights and window sizes in basement apartments. A recent report compiled by the Pratt Center for Community Development found more than 30,000 “unconsidered” housing units in New York City. This means that the Department of Buildings has not issued any of them with a certificate of occupancy stating that an apartment complies with building codes and is therefore habitable. The fact that the vast majority of these illegal housing units were found in low-income communities of color is further evidence of the housing deficit plaguing many cities. The basement room of my apartment has only a small exit window near the ceiling and a door that leads to a cul-de-sac (laundry room). My roommate couldn`t live there because of its size and so I wondered if I could ask my management company for a rent reduction, as we are currently paying an exorbitant price for a so-called 4 bedroom apartment. A certificate of occupancy will indicate whether the basement is considered habitable or not, Leitch says.

It also guarantees that the apartment complies with legal requirements and building regulations. Residents of illegal basements and basements are exposed to potential hazards such as carbon monoxide poisoning, inadequate lighting and ventilation, and inadequate exit in the event of a fire. Residents of illegal basements may be instructed by the city to leave or leave illegal basements. Other warning signs that a basement apartment is not a legal apartment: a lack of adequate ventilation through visible ducts or windows, a bathroom and/or kitchen that is not fully functional – for example, a hot plate on a table. Basements that meet certain requirements can be rented legally. The general requirements for apartment buildings, as described in the New York City Housing Maintenance Code, are as follows: A basement is a history of a building that is partially below sidewalk level, but at least half of its height above sidewalk level.