Are basement apartments legal?

amother

Aubergine

Thu, Mar 21 2024, 10:21 am

amother DarkKhaki wrote:

You wrote most homes in NYC would have "legal" basements.

What you really mean is that many newer homes are built with basements that were built in a manner that enables them to have two forms of egress. These might exist in newer areas that were built in outlaying areas of Queens for example or if a house was torn down which also occurs.

The typical home in the established older neighborhoods of NYC - especially in the frum neighborhoods is an older home and almost certainly doesn't have what could be used as a legal sleeping area.

I have been in enough older homes in my life to be completely familiar with the construction and how it is different from newer construction which often was designer with a higher ceiling and a walk out door in some way.

Older homes, usually the basement isn’t completely underground which can make it legal based on zoning.

Newer houses basement are usually fully underground and first floor is walk in, but since they are newer they are able to have 2 emergency exist and the right kind of windows and they are built up to code to legally rent out.

There are some NY homes that have illegal rentals but that is everywhere. The are businesses not reporting their income honestly and there are people who drive without a license all over the world. Not just NY.

amother

Lemon

Thu, Mar 21 2024, 10:23 am

amother DarkKhaki wrote:

I said most like you said most. I’m actually involved in real estate and there is a large percentage that are legal. You should do more research instead of applying your very limited knowledge.

amother

DarkKhaki

Thu, Mar 21 2024, 10:25 am

amother Forestgreen wrote:

Some homes in nyc have what used to be servant quarters and those are legal. My parents have that. Separate entrance and 2 ways to get out in case of fire. Windows that at least partially go to the outside. But my house, built in 1930, basement is a cellar and definitely not legal. Didn't stop former owners from renting out but I wouldn't let anyone live down there. The air isn't even clean because of lack of ventilation. You have to do your research. Ima mother is not a source.

The older brownstones would have that configuration where there is a front servant's entrance below the front steps and typically a back door out to the yard.

While those are technically a basement, most brownstones have been converted into multiple family apartments and the lowest level is rented as an apartment.

It bears no resemblance to the typical "cellar" of an older home in NY that was built typically from just after WW I to the early 1950's when most of the subway lines were built and Brooklyn was largely settled along those subway lines.

amother

DarkKhaki

Thu, Mar 21 2024, 10:36 am

amother Lemon wrote:

I said most like you said most. I’m actually involved in real estate and there is a large percentage that are legal. You should do more research instead of applying your very limited knowledge.

The difference is that most homes in New York City are not new construction. New York City has older housing stock in terms of single family or two family homes which would be the ones that have illegal basements.

There are the much older brownstone construction which are a thing unto themselves because of the way the lower level was built to house the working kitchens of that era.

I am very familiar with New York City architectural history and style so please don't be condescending and assume I don't know what I am discussing.

There are certain areas in Staten Island which have a lot of new construction because Staten Island wasn't developed until after the Verrazano Bridge was built except for certain older neighborhoods near the Staten Island Ferry. Queens similarly has newer construction (but older than Staten Island) in the areas closest to Long Island.

But the vast majority of housing stock in New York City is older - some of the oldest in the United States

And the housing stock in Midwood and Borough Park is almost exclusively homes that were built between WW I and WW II with cellars without legal egress. Williamsburg's housing stock - or the original housing stock is older and would have been brownstones originally and then various types of multifamily housing was built rather than single family or two family homes.