Thanks for your feedback, J. It's certainly a good idea, but unfortunately, gaining access to and touring a number of basements in the way you suggest just wouldn't be practical or possible for a short video like this. We do hope you found the general information helpful. We also definitely recommend people consult with an architect and/or attorney for specific questions regarding basement or cellar occupancy. Make sure to watch our other videos, for useful info on all sorts of NYC real estate issues, and thanks again for watching!
The whole idea of having a single family house is just that, to live independently of other people. If you can’t afford to own a single family home without having rental income, buy a two family or multi family home.
Hi there, yes very sad what happened. Many of the fatalities were due to only one means of egress in the basement. Hopefully the city will help owners legalize these units one day so that they can be safe and affordable housing. Until then, most basement apartments are still illegal and can be dangerous, especially when there is only one means of egress. Thanks for watching!
Hi Peter, thanks for watching our video! Yes when it comes to NYC, there’s a lot of red tape. The key is making sure you have the right pros on your side to help expedite things and avoid any major issues. If you ever need help with something, feel free to contact us at info@queenshometeam.com. Thanks again!
Hi, XxStrattaGxX! Very sorry for the late reply. We're still mastering our CZcams presence! ;-) Your question is probably best for an attorney or, if you live in NYC, you can call 311 or contact the Department of Buildings, but from the sound of it, it wouldn't be considered a legal bedroom because of the lack of a window in the bedroom.
Hi Anthony, thanks for watching our video! If a homeowner decides to rent their basement, many times a neighbor will end up complaining and then the department of buildings comes to inspect the home. If they become aware of illegal occupancy in a basement/cellar, they will typically issue the owner a violation. Is it common for homeowners to rent out their basements in Queens? Yes. Is it common for homeowners to have violations for illegally renting out their basements? Yes. Our advice is always to obey the law because violations are very complicated, expensive, and time consuming to resolve. Hope that helps!
Hey Anthony. You actually can't make a basement a legal dwelling without the DOB knowing, because in order to actually make a basement a legal dwelling, you'll need to file plans with the DOB, get permits, and then have a new Certificate of Occupancy issued. This is best done with the professional help of a licensed architect. At various stages throughout the process, DOB will send inspectors to inspect the work and ensure it is being done to code and according to the filed plans. Once it is all completed, the DOB will do a final inspection and there will be a process to issue a new Certificate of Occupancy for the property, indicating the basement space is legalized as a dwelling. It isn't easy, and it's expensive, but it can be done in some cases!
Hi XxStrattaGxX! We’re not attorneys so we can’t say for sure whether your specific apartment is legal or not, but a good place to start is to ask for a copy of the Certificate of Occupancy from your landlord or the Department of Buildings. You can reach DOB by calling 311
I own a 2 family store building and basement was finished when i purchased but there was 3 small windows but the one in the center i converted it to a 80 inch by 36 egress door to exit to the backyard. It has 3 doors . Im planning to stay there live there is this something i could do in Brooklyn N.Y?
Hi Elsuper68, thanks for watching our video! Sounds like you dug out a separate entrance to your basement. That’s pretty common, however, it doesn’t make the basement a legal dwelling unless you get the proper permits and new C of O. That said, it sounds like you’re planning to live in your finished basement, is that correct? If you like, feel free to answer via email and George can get back to you personally. His email is george@queenshometeam.com and his phone number is 718-869-0270. Thanks again for watching!
Hi there, that sounds like a plan. George will be expecting your call. He’ll be able to guide you and/or give you some good advice about your situation :) Have a great day!
What about if children todler living in cellers my landlord over charge me to live in a seller I've lived in it for about 3 years but now I can't afford my rent and he don't wanna participate in the rent relief payment for me what to do? I live here with my todler
Hi, Malisa. That’s a tough situation. Your best course of action is to speak to an attorney or the various renter’s resources through NYC government agencies. Best of luck!
You are very unclear in your explanation of 1 family basement rentals. It appears that as per NYC, you can rent your basement in a 1 family if it meets requirements. Doesn't say any certification is needed. It's funny, I've seen basements in 2 families listed as "dwellings". Thise Basement can be legally occupied, including for sleeping, but can't have a stove. Alot of people rent them and if an inspector comes, they just take the stove out. Ive seen identical homes on the same block that have the same basements but are listed as "recreation rooms" which means it can be occupied but people can't sleep there. NYC rules are very odd. The city also taxes many 2 families that have walk in basements as 3 families because they assume people rent them. I was told that inspectors are not aggressive with walk in basements because they know that they generally have 2 means of egress and have large enough windows for people to get out in an event of an emergency. I've seen good owners install CO alarms, fire extinguishers and use fire resistant paint as well. Cellars with small or no windows with only one mean of egress is the main concern. There are thousands of them like that in NYC being rented, sometimes with entire families living in them. Alot don't have any CO or smoke alarms!
Hi JD, thanks for watching and for commenting on our video. Yes the law is a bit confusing for one family homes. For the most part basements cannot be legally rented or occupied as a dwelling but if they meet all the necessary requirements, they can sometimes be converted into a legal dwelling. As for cellars, those can never be legally rented or occupied. The law states that basements in a one family can be lawfully rented, but only if certain requirements are met. Here is a link to the law that we referenced in the video. And yes it is very common for a property to be taxed as one thing but legally be something else. That’s NYC for you :) Thanks again for watching! www1.nyc.gov/site/hpd/services-and-information/basement-and-cellar.page
Good morning, Fameda! Thanks for watching our channel. First, it’s important for us to say we aren’t lawyers, so you should always seek legal advice from a qualified professional. To our understanding, it is technically illegal for anyone, including the owner, to live in a basement when it’s not a legal dwelling. However, the legal and financial risks to the owner are even higher when they rent out a basement versus living in it themselves. Many owners might choose to occupy their basement and take the risks for themselves. It’s important to also remember that most basements are not legal dwellings for safety reasons. In the case of fire or flood, basements can become dangerous. That said, every individual makes their own choice depending on how much risk they are comfortable with. Hope that’s helpful!
The legal occupancy of a basement depends on the design of the basement, and the Certificate of Occupancy on the property. But it doesn't really matter who lives in it. If you'd like a more precise answer, it's probably best to ask a real estate attorney.
Hi Remy👋, hope all is well! To answer your question, yes you can rent a basement in connection with the main floor as a duplex, the main thing for you to know is that the basement (or cellar) should be used in accordance with the law. For example, if more than half of the basement is above grade, and if it has been legalized for habitable space, then people could actually sleep there. However, if more than half of the basement (or cellar) is below grade, then it is illegal to have any bedrooms or have anyone sleep there. If the basement has not been legalized for habitable space, then the basement (or cellar) would be rented as storage and/or recreational space only. Hope that helps!
Would've been a lot more interesting if you'd done some tours of various examples.
Thanks for your feedback, J. It's certainly a good idea, but unfortunately, gaining access to and touring a number of basements in the way you suggest just wouldn't be practical or possible for a short video like this. We do hope you found the general information helpful. We also definitely recommend people consult with an architect and/or attorney for specific questions regarding basement or cellar occupancy. Make sure to watch our other videos, for useful info on all sorts of NYC real estate issues, and thanks again for watching!
The whole idea of having a single family house is just that, to live independently of other people. If you can’t afford to own a single family home without having rental income, buy a two family or multi family home.
Exactly
Hey @MrScottie68, that’s a great point 👍 thanks for watching 😊
I heard about 23 people died from ida flood in NYC.
Hi there, yes very sad what happened. Many of the fatalities were due to only one means of egress in the basement. Hopefully the city will help owners legalize these units one day so that they can be safe and affordable housing. Until then, most basement apartments are still illegal and can be dangerous, especially when there is only one means of egress. Thanks for watching!
Sounds like a lot of red Tape
Hi Peter, thanks for watching our video! Yes when it comes to NYC, there’s a lot of red tape. The key is making sure you have the right pros on your side to help expedite things and avoid any major issues. If you ever need help with something, feel free to contact us at info@queenshometeam.com. Thanks again!
The only window I have in my bedroom is through the bathroom!!! Is that illegal?
Hi, XxStrattaGxX! Very sorry for the late reply. We're still mastering our CZcams presence! ;-) Your question is probably best for an attorney or, if you live in NYC, you can call 311 or contact the Department of Buildings, but from the sound of it, it wouldn't be considered a legal bedroom because of the lack of a window in the bedroom.
So what happens if they do rent of their basement/cellar if it was illegal.
Hi Anthony, thanks for watching our video! If a homeowner decides to rent their basement, many times a neighbor will end up complaining and then the department of buildings comes to inspect the home. If they become aware of illegal occupancy in a basement/cellar, they will typically issue the owner a violation. Is it common for homeowners to rent out their basements in Queens? Yes. Is it common for homeowners to have violations for illegally renting out their basements? Yes. Our advice is always to obey the law because violations are very complicated, expensive, and time consuming to resolve. Hope that helps!
@@Queenshometeam Gosh!, if you make the basement a legal dwelling, do you have to notify the DOB? Will they increase your tax?
Hey Anthony. You actually can't make a basement a legal dwelling without the DOB knowing, because in order to actually make a basement a legal dwelling, you'll need to file plans with the DOB, get permits, and then have a new Certificate of Occupancy issued. This is best done with the professional help of a licensed architect. At various stages throughout the process, DOB will send inspectors to inspect the work and ensure it is being done to code and according to the filed plans. Once it is all completed, the DOB will do a final inspection and there will be a process to issue a new Certificate of Occupancy for the property, indicating the basement space is legalized as a dwelling. It isn't easy, and it's expensive, but it can be done in some cases!
@@Queenshometeam Thank you very much, this is exactly the information needed.
There is a small window in the front outside... but there are no other windows help me please!!!
Hi XxStrattaGxX! We’re not attorneys so we can’t say for sure whether your specific apartment is legal or not, but a good place to start is to ask for a copy of the Certificate of Occupancy from your landlord or the Department of Buildings. You can reach DOB by calling 311
I own a 2 family store building and basement was finished when i purchased but there was 3 small windows but the one in the center i converted it to a 80 inch by 36 egress door to exit to the backyard. It has 3 doors . Im planning to stay there live there is this something i could do in Brooklyn N.Y?
Hi Elsuper68, thanks for watching our video! Sounds like you dug out a separate entrance to your basement. That’s pretty common, however, it doesn’t make the basement a legal dwelling unless you get the proper permits and new C of O. That said, it sounds like you’re planning to live in your finished basement, is that correct? If you like, feel free to answer via email and George can get back to you personally. His email is george@queenshometeam.com and his phone number is 718-869-0270. Thanks again for watching!
@Queenshometeam Hello 👋 yes I will give you a call tomorrow morning, yes that is my purpose of live there . Thanks have a great evening.
Hi there, that sounds like a plan. George will be expecting your call. He’ll be able to guide you and/or give you some good advice about your situation :) Have a great day!
What about if children todler living in cellers my landlord over charge me to live in a seller I've lived in it for about 3 years but now I can't afford my rent and he don't wanna participate in the rent relief payment for me what to do? I live here with my todler
Hi, Malisa. That’s a tough situation. Your best course of action is to speak to an attorney or the various renter’s resources through NYC government agencies. Best of luck!
You are very unclear in your explanation of 1 family basement rentals. It appears that as per NYC, you can rent your basement in a 1 family if it meets requirements. Doesn't say any certification is needed.
It's funny, I've seen basements in 2 families listed as "dwellings". Thise Basement can be legally occupied, including for sleeping, but can't have a stove. Alot of people rent them and if an inspector comes, they just take the stove out. Ive seen identical homes on the same block that have the same basements but are listed as "recreation rooms" which means it can be occupied but people can't sleep there. NYC rules are very odd. The city also taxes many 2 families that have walk in basements as 3 families because they assume people rent them. I was told that inspectors are not aggressive with walk in basements because they know that they generally have 2 means of egress and have large enough windows for people to get out in an event of an emergency. I've seen good owners install CO alarms, fire extinguishers and use fire resistant paint as well. Cellars with small or no windows with only one mean of egress is the main concern. There are thousands of them like that in NYC being rented, sometimes with entire families living in them. Alot don't have any CO or smoke alarms!
Hi JD, thanks for watching and for commenting on our video. Yes the law is a bit confusing for one family homes. For the most part basements cannot be legally rented or occupied as a dwelling but if they meet all the necessary requirements, they can sometimes be converted into a legal dwelling. As for cellars, those can never be legally rented or occupied. The law states that basements in a one family can be lawfully rented, but only if certain requirements are met. Here is a link to the law that we referenced in the video. And yes it is very common for a property to be taxed as one thing but legally be something else. That’s NYC for you :) Thanks again for watching!
www1.nyc.gov/site/hpd/services-and-information/basement-and-cellar.page
If house owner live in the basement is it illegal?
Good morning, Fameda! Thanks for watching our channel. First, it’s important for us to say we aren’t lawyers, so you should always seek legal advice from a qualified professional. To our understanding, it is technically illegal for anyone, including the owner, to live in a basement when it’s not a legal dwelling. However, the legal and financial risks to the owner are even higher when they rent out a basement versus living in it themselves. Many owners might choose to occupy their basement and take the risks for themselves. It’s important to also remember that most basements are not legal dwellings for safety reasons. In the case of fire or flood, basements can become dangerous. That said, every individual makes their own choice depending on how much risk they are comfortable with. Hope that’s helpful!
Is it legal for a landlord live in the basement, but rent out the rest of his house?
The legal occupancy of a basement depends on the design of the basement, and the Certificate of Occupancy on the property. But it doesn't really matter who lives in it. If you'd like a more precise answer, it's probably best to ask a real estate attorney.
Can a landlord rent the basement with the main floor as a duplex?
Hi Remy👋, hope all is well! To answer your question, yes you can rent a basement in connection with the main floor as a duplex, the main thing for you to know is that the basement (or cellar) should be used in accordance with the law. For example, if more than half of the basement is above grade, and if it has been legalized for habitable space, then people could actually sleep there. However, if more than half of the basement (or cellar) is below grade, then it is illegal to have any bedrooms or have anyone sleep there. If the basement has not been legalized for habitable space, then the basement (or cellar) would be rented as storage and/or recreational space only. Hope that helps!