Legalizing a Basement Apartment
Here’s the rundown: The basement apartment has been here for ages, since the house was bought. Recently we’ve been getting anonymous complaints about the basement apartment and have the DOB posting notices. We would like to legalise the basement. How does this work? We haven’t allowed them to inspect because we do not want to…
Here’s the rundown:
The basement apartment has been here for ages, since the house was bought. Recently we’ve been getting anonymous complaints about the basement apartment and have the DOB posting notices. We would like to legalise the basement.
How does this work? We haven’t allowed them to inspect because we do not want to be fined, we’ve been told it is quite expensive.
So,the question is: How do we go about making it legal? Without giving the DOB an opportunity to fine us?
Thanks,
Headache in Bensonhurst
jockdeboeraia & coffeemker4,
Your comments sound specific and keen-enough like you’ve been through amending a C of O. Any recommendation on architects to amend a Certif. of O? I can google on internet, but I’d rather use someone true and tested.
Thx
Brooklynexpidter; how do I file for new c of o? Code issues? What would the cost of filing a new C of O be? Architect? For the first time in months, I can see the light.
Thanks,
Headache in Bensonhurst
Coffee, it sounds like your basement/cellar is at two different levels. BTW, if you Cellar is has a side that is more than 1/2 out of the ground, you can get a reconsideration to allow its use as a habitable space. The C of O would need to be updated.
We recently legalized our basement, 3/4 used as a rental the other storage with wash/dryer and 1/2 bath. we did go through an architect and get a new CO. There was one interesting issue, that we had to fight for to get the approval. There was a conflicting issue whether it was a cellar or a basement, according to the zone rules and the DOB code (the architect could explain it much better). Somehow he found out neither one overruled the other, so to get the final approval they called the apt. side a basement, and the storage side a cellar.
What Johnny may be referring to here is the frequent misconception that a cellar is a basement. If it is a basement (less than 50% below grade) than you can have a legal apartment there. If not, then no kitchen, living, sleeping, or full bath.
It depends on your basement. Some basements can never be legalized. In order for it to be legal you have to change the C of O and if it does not fit the proper criteria for a legal basement dwelling then you won’t be able to change the C of O.
Assuming you are allowed to have an apt and are not in a single family zone, hire an architect and file it. It would be a legalization, which will have a higher permit cost.
File it to include in a new certificate of occupancy and then it will be 100% legal. If the density works there shall be no problem with the amount of dwelling units but the code issues have to be dealt with.