Will This Be Legal?
Hi, I have a nice dry basement in a four family with access to the front (street), building hallway and back yard. I would like to build a small room in the basement for hosting purposes (when my parents or friends come to visit) It won’t take the entire basement but only about 35% of…
Hi,
I have a nice dry basement in a four family with access to the front (street), building hallway and back yard. I would like to build a small room in the basement for hosting purposes (when my parents or friends come to visit) It won’t take the entire basement but only about 35% of it. It will have two windows, a small fridge, and counter (no stove), small shower and toilet. that’s it. like an hotel room.
can this be legal/possible?
Well, I got to say- incredible info is given here. Thank you so much!
This is great news for me! Last questions-
There are 5 electrical meters- for each apartment and a public one. The room will be connected to the public one? because you said that the c f o will mention it as if part of one of the apartments..
Also, do I have any limit on how much I can host in it? because I have a feeling that once it will be know among friends and family I will get an email/call each week.
Again –
Cellars absolutely can in fact be utilized as habitable space.
It is a common misconception that this cannot be done but it is just that – a misconception. In fact, I bet you the DOB even has written on its website somewhere that you aren’t allowed to live in cellars. This is a convenient guideline which just so happens to be contradiction with the actual law.
As a guideline, converting cellar to habitable space only works on certain locations – you need some specific physical conditions to provide light and air and floor area.
However, I would invite anyone who states unequivocally to review the following code and zoning texts:
Zoning Resolution, Definition of Floor Area (Wherein, cellar is not counted as floor area UNLESS used for living purposes.)
Multiple Dwelling Law 34 – Provides conditions where a cellar can be utilized as a dwelling unit.
Housing Maintenance Code 27-2081 through 27-2088 for regulations on utilizing cellar as apartments.
1968 Building Code 27-733 – which states that apartments may be located in a cellar if adequate adjacent space (a light and air provision) is provided.
And yes, I’m a dork.
Clarification of the issues:
1. As stated more then 50% below grade is cellar more then 50% is basement.
2. A basement can legally be converted to habitable space and therefore a 3 pc. bath is allowed.
3. A cellar can not legally be used for habitable space and the arrangement may also not be to an interchangable area to habitable and therefore a lot of times the design arangement of a cellar varies by the whim of the plan examiner and therefore also you cannot out in a 3 oc. bath and a 2 piece in general has a maximum dimension of 5′ x 5′.
4. Floor area: A cellar is fully exempt and a basement you can only exempt allowbale deductions (mechanical, corridor etc.,)
5. C. of O. issues: If you have an existing c. of o. for lets say 4 families and add on another family then it is a new unit. If it is a cellar then it is an accessory use you may get away with it depending on the plan examiner and some other factors as well.
For specific concerns feel free to email me at brooklynexpediter@gmail.com.
from what you describe c/o change would be to show basement as habitable use, not add a family (unless I misread and you want a discreet apt).
Nitpicking here – distinctions between cellar and basement stated above are for the most part correct. Contrary to popular belief, however, Cellars can in some instances be utilized for habitable space – you need to meet certain light and air requirements, count the space as Zoning FLoor Area (which you have do with a basement as well) and meet various provisions between Housing Maintenance Code, Zoning, Building Code and Multiple Dwelling Law. Can and has been done, but not all buildings can comply (most cellars struggle to meet light/air requirements).
You would change the c of o to add the living area to your apt. If it is a basement, then you can add a full bath. I mention permits cause DOB and the fire dept are trolling for improper work to fine. I used to get a call once in while to take care of such things but now a days I get several calls a month.
brooklynexpediter could answer better, but I think he’s suggesting that you’d change of c of o to reflect the changed the # of habitable rooms and description of use – so the basement would be described as having the new room(s) instead of just storage or whatever it says now, and would be a part of the 1st floor apartment while still listing the building as 4 dwelling units.
Well I really, honestly, do not intend to illegally rent it out. And I certainly don’t want to have to fear about being ratted out. I just wanted to know if it will be possible because we have many friends and family out town who can use this kind of room.
Brooklyn expediter- so if its a basement, I will be able to have a full shower with toilet and sink?
By changing c of o, you mean into a five family? Because I do not want to do that.
So this will be the whole 8k architect and permits deal?
thanks for the info btw
Well I really, honestly, do not intend to illegally rent it out. And I certainly don’t want to have to fear about being ratted out. I just wanted to know if it will be possible because we have many friends and family out town who can use this kind of room.
Brooklyn expediter- so if its a basement, I will be able to have a full shower with toilet and sink?
By changing c of o, you mean into a five family? Because I do not want to do that.
So this will be the whole 8k architect and permits deal?
thanks for the info btw
Neighbors and tenants would just love to report you. I’ve seen it happen many times. If you really want to do it, then find out how to make it legal.