Cellar Conversion
We recently bought a legal two family house with a finished basement. The previous owner had been living on the bottom two floors (with kitchen in the basement) and renting out the top floor. The basement has it’s own entrance, but is legally a “cellar” – over 50% below ground at the fron the of…
We recently bought a legal two family house with a finished basement. The previous owner had been living on the bottom two floors (with kitchen in the basement) and renting out the top floor. The basement has it’s own entrance, but is legally a “cellar” – over 50% below ground at the fron the of the house/sidewalk. However the back of the house is 100% above ground with a door out to the yard (since we’re built on a hill). Can we convert the cellar into a legally rentable unit by digging out the front of the house and creating a well there? I see other houses where this has been done but I’m not sure if these are legal rentals or not. Any knowledge would be much appreciated.
You cannot turn it into a legal apartment. It is below grade and a well will not change what it is.
Even if you were able to do it legally, you are looking at a considerable amount of money to convert a 2 into a 3 family, when you consider filing fees, sprinkler, handicap access, etc. Also, once the job is completed, the City will thank you for your efforts by hiking your real estate taxes.
Yes, you can do it, but it will not be legal however if someone rats on you and the building department inspector gains access, you are looking at a hefty fine plus the expense of removing the kitchen and bath.
No, it will not void your insurance, just let your insurance company know that you have a finished basement with kitchen and bath.
Good luck,
Thanks for your comments. We are listed as B2 – two family house (with a cellar). We’re loathe to have an illegal rental, though there are two avenues of egress and good ventilation, because we have heard that this essentially voids your property insurance. Does anyone have more solid information about this?
Digging out is not gonna help you as grade level is based on curb elevation and that is where your LEGAL grade is.
If your C. of O. has it as a basement or 3 class A apts. on hpd i-card that’s a different story.
e-mail me your info. (address, block and lot) and I will do a quick search of legal records.
email @ brooklynexpediter@gmail.com
It is a two story house with a basement and cellar? Do you have a c of o? I would check with a good expeditor who knows what the DOB has in your file and what they will allow. Three kitchens (stoves) will mean you are a multifamily and subject to HPD regulations as well whether it’s legal or not.
“Cellars are NEVER habitable spaces.” Yet every new condo Ive seen has recreation space under ground. This is a very confusing issue for two family home owners in NYC. Everything I have ever read on the topic leaves many questions unanswered. Brownstoner should do a entire feature on this topic.
“Can we convert the cellar into a legally rentable unit by digging out the front of the house and creating a well there?”
No. A ‘habitable’ space needs to be 50% above grade. You can convert the rear with the space above grade into an apt. Turn it into a studio.
Or why follow the NYC code and rent it out anyway.
Before changing your c of o to a three family by digging out the front of your house(!) I think you should first consider the neighborhood you live in. For example, on my block in Bushwick, near the Bedstuy border, almost every single house on the block has a basement apartment, and mostly, they are two family homes, so yes, those basement apts. are illegal. This has been going on for many many years. When I bought my two fam. there was an illegal basement apt. I changed the kitchen into a laundry room and I rent it as a duplex with the parlor floor and I get the same rent I would have if I had left the basement apt there. Having one less kitchen and bath to deal with is a plus.