Garden Apt Egress Laws?
Hi, I hope someone in the Brownstoner community can help me out with this. I am considering buying a two family, three story house. The garden floor is set up as the rental. The problem is that the previous owners created an extension off the parlor floor that completely blocks the rear windows and door…
Hi,
I hope someone in the Brownstoner community can help me out with this. I am considering buying a two family, three story house. The garden floor is set up as the rental. The problem is that the previous owners created an extension off the parlor floor that completely blocks the rear windows and door of the garden apartment. At this point they are just sort of there looking out to underneath the extension. I was thinking that we could build a wall where the windows are and leave a door to use this space as storage. My concern is whether or not it is safe or legal to not have a rear exit. The only door would be under the stoop. Does anyone have any insight?
Thanks,
Leah
Thanks everyone! I appreciate you all taking the time to help me out!
Any change in egress must be filed with the DOB. Doubtful this would be approved as it seems it could be needed in an emergency.
steve
I has a similiar problem and I got good advice from a Brownstone specialist who knows about extensions and violations… call CYRUS Woodworking @ 718-469-5425
He did cure my problem.
Seems doubtful that the extension was legal IF the gf was meant to be a rental. If it was specified as storage, it may have passed. Iae, if you’re buying the place “as-is” (as I did) ball’s in your court and you have to legalize it. Or fix it.
Seems doubtful that the extension was legal IF the gf was meant to be a rental. If it was specified as storage, it may have passed. Iae, if you’re buying the place “as-is” (as I did) ball’s in your court and you have to legalize it. Or fix it.
Leah,
You can look on Property Shark or the DOB website for a history of permits on this location. The DOB will also tell you what they think the building’s footprint is. Those are both good clues as to whether the extension is legal.
I agree- get this fully checked out and as far as I know, you need to methods of egress- so if you close off the egress to the garden, you will still need two doors in and out of the garden apartment. But frankly I can’t imagine anyone wanting to live in a dark tunnel. Only 2 windows? I’m not even sure you could make that a legal apartment. In your first post you said something about adding walls and creating a storage room. Are you saying now that you would make that extension another room for the rental?
Good luck with the house but do whatever it takes to protect your investment. Like jfss says- consult an architect who is familiar with this type of structure and you can also do research on the DOB website- but consult an expert.
Seems suspicious that there is a kitchen on the garden-level and the seller is claiming the apartment wasn’t used as a rental. I wouldn’t trust either the seller or your broker to tell you whether or not the apartment is legal. I’d have an inspection done and see if there are obvious concerns/code violations before progressing much further.
So is this space an English basement (i.e. are the utilities there, is it below grade?) If so, it may not be a legal apartment at all. You should really look into that before you get a mortgage that depends on rental income.