Basement As Office Space?
I know about not being able to use a basement as living space, but can I legally renovate a basement to rent as office space?
I know about not being able to use a basement as living space, but can I legally renovate a basement to rent as office space?
Hank –
The Finance link is related to tax assessment (I think). I have to say I’m far from an expert on NYC Dept Finance and Taxes, but I think the link you copied is talking about what you are allowed to call living spaces.
To determine how you can utilize your property legally, we look to Zoning and Building Code (at least to start). NYC Zoning and Building Code govern permitted uses (Zoning directly through District Use Regulations and Building Code by determining Light/Air and egress provisions).
The most important factor for determining permitted use in the above referenced property description is the R5B Zoning District. This is a low to low-medium density Residential Zoning District. You would not be allowed to have Office Space here, but you could have Home Occupation (a Home Office, usable by the RESIDENTIAL tenant and one employee only). The basement can always be utilized for residential use (provided it meets Light and Air and other basic Code requirements) and the Cellar can sometimes (in rare circumstances) be used as livable space.
Does that clarify or confuse?
I’m a little confused. In all of the endless discussions here and elsewhere on this topic, there is never a mention of the NYC Dept. of Finance’s classification which is easily obtainable from property records. For example:
Zoning: R5B Style: Row
Lot Frontage: 20.00ft Exterior Wall: Masonry
Lot Depth: 100.00ft Garage Type: N/A
Lot Shape: Regular Residential Units: 2
Lot Square Footage: 2,000 Finished Sq. Footage: 3,072
Commercial Units: N/A Commercial Sq. Ftg: N/A
Story Height: 2.00 Garage Sq. Footage: N/A
Building Frontage: 20.00ft Unfinished Sq. Ftg: 0
Building Depth: 50.00ft Neighborhood Type: Residential
Construction Type: Brick
Year Built: 1905
Exterior Condition: Average
In the above example the home is a legal 2 family with a first and second floor and a basement and the DOF determines that ALL (including basement) of the home area is “finished square footage” and, as such, allowable living space. Many homes show partly in the “unfinished square footage” section and that portion (presumably the basement) is NOT allowable living space. The site is
http://nycprop.nyc.gov/nycproperty/nynav/jsp/stmtassesslst.jsp and go to “Notice of Property Value” for the specs.
And don’t forget the DOB “expediting” fee – the more the fee, the more flexibility. And that is based on lots and lots of experience.
The following applies in terms of zoning:
1. A basement is floor area and a seperate use and therefore must be regarded independently. A beasement is if ti is more then 50% above grade
2. A cellar is not floor area and in GENERAL is accessory space and may be used for accessory uses and is not considered a seperate use if you do not rent it seperately and therefore you can have your OWN office in the cellar or your own practice.
3. If you want to have a home practice (called in zoning home office) that is allowed under certain circumstances in your own house as an accessory use.
4. A basement is allowwed for living / habitable uses and a cellar is not allowed for living / habitable
5. Recreation areas in CELLAR are permitted with certian restrictions
6. Bathrooms in cellars are ususally permitted in an accessory use cellar up to a maximum of 5′ by 5′. Since this is not referenced to the code the DOB uses an old memo for everything that they don’t like. That memo actually states that questionable layouts in single or two family houses may not be approved unless the commissioner takes a look on it. Go figure with the DOB idiots. Need more info on a specific issue feel free to e-mail me @ brooklynexpediter@gmail.com
vinca wins the prize. It’s not just whether it’s a cellar or a basement (although it matters if you want a bathroom).
The main issue is whether it’s appropriately zoned for the described use. I doubt that it is, so any tenant could not hang a sign or advertise without running a risk.
OP: you cannot renovate ANY part of your building to RENT as an office without addressing your CO. Specifically concerning cellar use as dwellings, the issues are multiple: zoning and CO, DOB and HPD, MDL and HMC. As starting points below, NYC DOB and HPD links regarding illegal basement and cellar conversions:
DOB: http://bit.ly/c9482A
HPD: http://bit.ly/bFvkqG
NYC: http://bit.ly/d1eDuO
Tenant FAQ: http://bit.ly/aN2zVf
Brochure (possibly out-of-date): http://bit.ly/dfXwZe
NYS Multiple Dwelling Law Section 34: http://bit.ly/ayI2GH
NYC Housing Maintenance Code Chapter 2, Subchapter 3, Article 5 (Sect. 27-2081 – Sect. 27-2088): http://bit.ly/aeiAjz
NYS Multiple Dwelling Law Section 310, NY Board of Appeals: http://bit.ly/cXNaz8
lf2009 is correct – however, many residential zoning districts permit ‘Home Occupation’ spaces (essentially home offices) within dwelling units. Up to 25% of the area of the dwelling unit and 500 sf.
I think the actual issue is zoning as opposed to DOB. I know homeowners frequently use their “English basement” as an office for their own medical/therapy/architectural etc. business, but I don’t know if it’s legal to rent that space to someone else. Would there be commercial use issues on residential blocks that neighbors could object to?
Minard,
I’m sorry to lecture you about ‘actual facts’ and ‘codified definitions’ when your completely made up definitions regarding cellars (by definition dank, windowless and beyond the comprehension on people who did not grow up in the city) was so clearly superior.
I guess I just figured that since that particular OP was asking about Building Code, I might answer the question in a relevant way. You know, since I’ve actually read the code.
Your assertion that the DOB is flexible with this definition is no doubt based on your years on having absolutely no experience with working with the DOB, as is your whole ‘stoop’ and ‘hatch’ theory.
Now, where is that sarcasm button?