Clarification of Certificate of Livable Space
My property has a cellar that is fully below curb level. However, the front of the building has a large cut-out with a staircase that allows the cellar to have two full windows. I pulled the icard on my property and it shows a certificate of livable space for the cellar. The certificate was issued in the 1950s. The current calculation of the total livable square footage of the building includes this cellar space. Is there any reason I can’t rent it? It is currently connected to the first floor by an interior stair case. The cellar has two means of egress (a door to the cellar hallway and the interior staircase to the first floor, which has a door to the main hallway) Since then, an interior stair was added connected the cellar to the first floor. Lastly, the building does not have a certificate of occupany but according to the HPD website, it is a “4 unit building.” I believe that this is one of the “units” but the records are not clear.
abuell86
in Cellar 11 years and 3 months ago
5
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5 replies
abuell86 | 11 years and 3 months ago
After reviewing the icard again, it appears that this cellar space was its own unit. The original blueprint shows that there was no internal staircase connecting it to the first floor. The unit was just the cellar space. So it appears the cellar unit was expanded at some point to include part of the first floor. Interestingly, the old blue prints show no kitchen in the unit and the bathroom (water closet) is at the back of the basement (not in the “unit”), whereas now, there is a bathroom and kitchen in the unit. I guess they were added later. Mozeetapu, yes the ceiling is at least 8 feet. Resident2, thanks for the reference. I am not trying to rent the cellar as a separate unit. The cellar would be part of a duplex unit. However, the fact that the space above is not part of the “unit” on the original blueprint creates an interesting dilemma. Bobjbkln, the card doesn’t say the word “legal sleeping space” but it clearly shows the cellar as its own unit and, as I mention above, at the time there was no internal staircase, so that is where the tenant would presumably sleep.
shahnandersen
in Cellar 11 years and 3 months ago
I think you would also have to confirm that “livable space” = “legal sleeping space”. For example, you can have a use such as a “recreation room” in space more than 50% below grade. Did the writer of the icard consider such a room “livable space”? If so, it may be livable, but not sleepable, so it can only be used in conjunction with the sleeping space on the floor above.
resident2 | 11 years and 3 months ago
Is the house currently occupied as a four family? In which case you can only occupy it as part of the dwelling above, you cannot create an additional rental unit. This is definitely one of the “Old Code” issues that do not need to comply with all of todays codes, but you cannot create additional units, as that does create a change of use. Consult with one of the few Old Code building expeditors such a Scott Schnall on Atlantic Ave.
mozeeatupu | 11 years and 3 months ago
This will probably help. http://www.housingnyc.com/html/resources/hmc/sub3/art5.html Does every room has a minimum height of eight feet?
jockdeboeraia | 11 years and 3 months ago
Would need to review the icard but it sounds like it from your description. I have never come across one like that.