Legal Question in Real Estate Law in New York

Housing laws

Are basement apartments in NYC legal?


Asked on 5/29/03, 11:17 am

2 Answers from Attorneys

Joelle Jensen Angiuli Katkin & Gentile

Re: Housing laws

The short answer to this question is yes. However, in NYC, there are strict rules which must be followed so that any apartment is "legal". Firstly, a house with a basement apartment must be a certified as a two family home which will require an inspection by the City. To get more information on converting a single family home you should seek the advice of a reputable contractor, or visit the buildings department in your borough.

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Answered on 5/29/03, 11:48 am
Arnold Nager Arnold H. Nager, Esquire

Re: Housing laws

Yes, provided the house is a legal two or three family and a certificate of occupancy exists for the apartment. Many 2 family houses have a third walk-in apt. These are usually illegal and violate the housing code.

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Answered on 5/29/03, 5:24 pm


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