How do I report an illegal basement in NYC? File a Complaint. You can report illegal/unsafe construction work and improper building use by calling 311 or visiting 311ONLINE: Call 3-1-1 or 212-NEW-YORK (212-639-9675) from outside New York City. Text 311 at 311-692. Click to see full answer.
Full Answer
How do I report an illegal basement in NYC?
How do I report an illegal basement in NYC? File a Complaint. You can report illegal/unsafe construction work and improper building use by calling 311 or visiting 311ONLINE: Call 3-1-1 or 212-NEW-YORK (212-639-9675) from outside New York City.
Is my basement apartment illegal?
So, when you are being sued for failing to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. If your apartment is like this, it may be an illegal apartment: 1. Basement Apartments: not all basement apartments are illegal. But, the most common of all illegal apartments are in the basement of a building. 2.
How to report illegal apartments?
Under the Residential Tenancies Act, 2006 it is an offence:
- for a landlord (or someone acting on behalf of a landlord) to do things that would interfere with a tenant’s ability to enjoy living in their rental unit
- to threaten, interfere with, or harass a tenant to move out of a rental unit
- to try to stop a tenant from forming or taking part in a tenants’ association
Is a basement apartment legal in New York City?
No, unless it has been constructed and permitted as such. I can only answer for New York City: It is not legal to rent a basement space as an apartment—a living space—if more than half of the space is below street level. That’s the basic answer; for details, google it.
How do I report an illegal basement in New York?
Call 911 to report:A hazardous or dangerous condition.Illegal activity in progress.
What is the fine for renting an illegal basement NYC?
As NYC cleans up from Ida, landlords won't be fined for illegal basement apartments. Landlords will not be fined for operating illegal basement apartments in Ida-affected areas for the rest of the year, Mayor Bill de Blasio said Wednesday.
What makes a basement illegal in NYC?
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 all basement apartments in NYC illegal?
Most basement apartments in New York City are illegal, and officials from the Department of Buildings, Department of Housing Preservation and Development (HPD) and other city agencies will vacate the homes and fine property owners if they discover an unregulated unit.
Is it illegal to have a bathroom in basement NYC?
Conclusion. Indeed, having a bathroom in a basement in NYC is legal. Moreover, in most situations, illegal bathroom fixtures are related to unlawful cellar conversions.
How much does it cost to legalize a basement in NYC?
The cost of the installation and approvals can easily cost well above $10,000. Finally, the cost of the permit is usually 17% of the cost of work; but if you have already received a Notice of Violation for work without a permit for the plumbing fixtures in the basement - you may have to pay a civil penalty.
Can basement be used for residential purpose?
According to the National Building Code regulations, basements can only be used legally for commercial purposes, storage, parking, cellar, dark room or a space where air conditioning machinery can be installed. While many rent out this space for living purpose, under the law these is illegal.
Can you have a kitchen in the basement in New York?
a. Cellar occupancy: No room in the cellar of a one- or two-family dwelling shall be rented and no member of the family or families occupying the dwelling shall use such room for sleeping, eating or cooking purposes, except that a secondary kitchen for accessory cooking may be located in the cellar.
Is it illegal to rent a room in NYC?
It's not illegal to rent a room if you are occupying your apartment at the same time and all parts of the apartment are available to the paying guest.
What makes an apartment illegal in NY?
New York City zones buildings to be residential or commercial and there are laws dictating specifications for bedroom size, heat, gas, water, and sanitation issues. So what makes an apartment illegal? For starters, the apartment is illegal if the space is used in a manner beyond what the building permit specifies.
What's the difference between a basement and a cellar?
A basement is the floor of a building which is partly or entirely below ground level. A cellar is a room below ground level in a house that is often only used for storing wine or coal, it is used for a specific purpose.
How many illegal basement apartments are in NYC?
There is no official count, but Mr. de Blasio estimated that there were at least 50,000 illegal units housing more than 100,000 people.
What makes a basement suite illegal?
What makes a basement suite illegal? Any suite that was built without the proper permits, or was built in an area of the city where secondary suites aren’t permitted is considered an illegal suit.
How to check if a building is illegally converted?
If you suspect an illegal conversion call 311 to have a Buildings Inspector routed to the site to inspect the property. You can also check the legal use of a building by visiting the Department’s website and viewing the building’s Certificate of Occupancy through the Department’s Buildings Information System.
How to report illegal second unit?
To report an illegal second unit, first check the Second Units Registry List. If it’s not registered, then call 311 (905-615-4311 from outside City limits).
What is unlawful occupancy?
Unlawful occupancy means a situation where a person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined by the department to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy
Can you sue your landlord for renting an apartment?
No, you can ‘t sue your landlord for renting you an illegal apartment.
Can you collect rent in an illegal apartment?
When an apartment is illegal, the space should not be used to live in, a landlord or owner can’t collect rent . The apartment has no inside plumbing, bathroom or cooking places or the bathroom or kitchen facilities are separated, like if the toilet and the shower/bath are in different rooms.
Can you evict a tenant in New Jersey without a certificate of occupancy?
Unlike the Landlord Registration Statement, a Certificate of Occupancy is not a requirement for evicting a tenant in New Jersey. The lack of a Certificate of Occupancy may, however, bar recovery of rents in a civil action.
What are the dangers of illegal basements?
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. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment.
What is a basement?
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. A cellar is an enclosed space having more than one-half of its height below curb level. Usually, if a cellar has any windows, ...
How much height above curb level is a basement?
Basements and cellars differ in their amount of height above curb level. A basement has at least one-half of its height above curb level, while a cellar has less than one-half of its height above curb level. Usually, if a cellar has any windows, the windows are too small for an adult to fit through. Basements and cellars in residential properties ...
How many windows are needed in a basement?
The basement is occupied by one family and does not include boarders. Every room must have at least one window. The bottom of any yard or other required open space cannot be higher than six inches below the window sill of any required window in the room. Basements in a two-family home cannot be lawfully rented:
Can you rent a basement in a 2 family home?
Basements in a two-family home cannot be lawfully rented: If the rental of a basement in a two-family dwelling would result in changing the status of the building to a multiple dwelling (three-family or more) and would require a new Certificate of Occupancy issued by the Department of Buildings.
Do walls need to be water proof?
The walls, as high as ground level, must be damp- and water-proofed if HPD determines that subsoil conditions on the lot require it.
Can a basement be occupied?
Basements in one- and two-family homes can be lawfully occupied only if the following conditions are met: The room complies with the requirements of the Housing Maintenance Code for rooms not located in ...
How do I report an illegal basement apartment in NYC?
If you suspect an illegal conversion call 311 to have a Buildings Inspector routed to the site to inspect the property. You can also check the legal use of a building by visiting the Department’s website and viewing the building’s Certificate of Occupancy through the Department’s Buildings Information System.
What makes an apartment illegal in NY?
When an apartment is illegal, the space should not be used to live in, a landlord or owner can’t collect rent. The apartment has no inside plumbing, bathroom or cooking places or the bathroom or kitchen facilities are separated, like if the toilet and the shower/bath are in different rooms.
What is an illegal basement?
What makes a basement suite illegal? Any suite that was built without the proper permits, or was built in an area of the city where secondary suites aren’t permitted is considered an illegal suit.
Is it illegal to have a bathroom in basement NYC?
Some New York City residents have received violations for having installed a bathroom in their cellars. Section 12-10 of the Zoning Resolution (“ZR”) allows a cellar to contain accessory spaces not used for dwelling purposes. A bathroom is generally not considered a habitable room.
Is it illegal to rent rooms in NYC?
Answer: “It’s unlawful to occupy any class-A multiple dwelling as a rooming house,” says Sam Himmelstein, a lawyer who represents residential and commercial tenants, tenant associations, and co-op shareholders.
Can I sue my landlord for renting an illegal apartment Massachusetts?
No, you can ‘t sue your landlord for renting you an illegal apartment.
What are tenants rights in NYC?
In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Laws protect tenants from harassment and discrimination.
How to report illegal short term rentals?
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. As you will see , this form provides space for you to describe what you are noticing in detail, including the websites for any online advertisements. Please be prepared to provide the specific address of the suspected illegal short-term rental including the apartment number, and the websites for any online advertisements for it. You can report anonymously, or if you choose, you may provide your name . Your complaint will be investigated by the Office of Special Enforcement, and you will be able to track the status of the complaint through both the 311 website and the Department of Buildings' Building Information System.
Can you report a complaint anonymously?
You can report anonymously , or if you choose, you may provide your name. Your complaint will be investigated by the Office of Special Enforcement, and you will be able to track the status of the complaint through both the 311 website and the Department of Buildings' Building Information System.
How to tell if a basement apartment is legal?
How to tell if a NYC basement apartment is a legal rental. One way to tell if a basement apartment is legal is if 50 percent of the window is above street level. A recent New York Times article described the makeshift and illegal basement apartments where thousands of Queens residents live—many of whom are immigrants.
How to check if an apartment is legal?
If you are want to confirm an apartment is legal, you should check the building's Certificate of Occupancy online via the DOB’s Building Information System, says Katherine Leitch, senior policy analyst at Citizens Housing & Planning Council, a non-profit research organization focused on housing and planning policy in NYC. It can easily be accessed on the DOB’s main page.
How high should an apartment ceiling be?
In order for the apartment to be legal, the ceiling heights must be a minimum of seven-and-a-half feet high. This is a change from the previous minimum of eight feet, thanks to the recent revision of the city’s building codes.
Is it illegal to live in a basement in NYC?
But not all basement apartments in NYC are illegal. In fact, the city has launched a pilot program to provide funds to building owners to convert basement apartments into legal, affordable residences to help ease the housing shortage here.
Do basement apartments have multiple means of egress?
Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example.
Is a basement the same as a cellar?
In NYC, basements and cellars are not the same thing, and the difference determines 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 has less than half.
Is it legal to climb out of a window?
If you can’ t picture climbing out of the window in an emergency because it is too high or too narrow—it is unlikely to be legal. Windows also bring in natural light and allow for ventilation, which are also DOB requirements for a legal dwelling.
How much is the fine for renting an apartment in New York?
However, in New York City, where illegal rentals are an ongoing problem, landlords can face up to $15,000 in fines. That penalty for renting an illegal apartment does not include any fines the landlord will pay for building violations and legal costs.
What happens if you rent an apartment illegally?
If the rental is illegal, the landlord may be charged fines and forced to evict any illegal tenants.
What is illegal rental?
By law, the definition of an illegal rental unit is one that is not established with local authorities as a rental property. The first step to report illegal renting of houses or apartments is to verify that it’s illegal. Check with the department in your county that handles home inspections to see if it’s registered.
Can you withhold rent if you are living in an illegal apartment?
However, if you’re the person living in the illegal unit, you may be able to withhold rent until the situation is resolved, provided the landlord lied to you about the legality of the unit. Unfortunately, though, if your unit is found to be illegal and your landlord doesn’t want to take measures to make it legal, you’ll probably find yourself looking for a new place to live.
Is Airbnb illegal?
In the Airbnb era, an increasing number of people reporting “my landlord is renting illegally” are seeing short-term rentals rather than monthly or yearly leases. If your landlord or neighbor has a vacation rental, it’s probably fairly obvious due to the constant flow of people through the unit. In some cases, your area may not even be zoned for vacation rentals since many non-metropolitan areas still aren’t.
