Basement Apartment in Single Family
Hi all –
Thanks in advance for any thoughts here.
My husband and I have an offer in on a wood frame single family home and would eventually like to rent out the garden level, which the DOB classifies as a basement (or BASE to be specific) on the Certificate of Occupancy. The unit currently has a kitchen and a bathroom as well as its own entrance under the stoop and out to the backyard.
Based on what I have been reading on nyc.gov, it is legal for owners of Single Family classified homes to rent out their basements. It is not, interestingly, legal for two family and above to do the same. So, contrary to what I had anticipated, we actually should NOT amend our CO if we want to go for a basement rental.
I need to get back in the apartment, but feel fairly confident that the ceilings meet the 7′ minimum as specified by the DOB and I am optimistic about the 50% above curb level specification, but less sure. I know I’m not the person who should be determining this anyway, but I’m just giving some detail on what I am seeing. More importantly (and really at the heart of m y question here), the DOB has called this unit a basement and not a cellar.
Can I simply take their language at face value and rent out the unit without further complication? Or do we need to get a HMC surveyor in there to be absolutely sure and possibly deal with any issues like firewalls, etc.?
It is probably notable that someone filed two complaints about an illegal basement conversion in the early 1990s and they were both dismissed.
There are a lot of answers all over the place on the internet, most of them with terribly bad advice when weighed against what the DOB actually says about basement rentals being legal in Single Families versus Two Families. My hope is to lean on the resident experts here on Brownstoner in terms of what you have seen or done and general approach with the DOB in this kind of situation.
Thank you again!
JK
PS: This is nyc.gov’s handy pamphlet on this issue: http://www1.nyc.gov/assets/hpd/downloads/pdf/PreservationSvcsBrochure_BasementCellar-new.pdf
brooklyninsulation
in General Discussion 9 years and 2 months ago
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chemosphere | 9 years and 2 months ago
Eligible for rental *as part of the entire, single unit house*. Not eligible as a separate apartment. Single Family = 1 rental unit, which may include basement space that meets the requirements. Renting it as a separate apartment would be using the house as a 2 family.
brooklyninsulation | 9 years and 2 months ago
I see that, too, chemosphere. But above it there is also this passage, dealing specifically with rentals in a one family (not one- or two-family, as in the occupied question):
Can the basement of a one-family dwelling be lawfully rented?
Yes, but only if all of the following conditions are met:
It then goes on to talk about the 50% above curb and 7′ ceiling height rules, among other things (also covered in the occupied question you mention).
I can’t say I am surprised by the semi-contradictory nature of this whole thing.
But do you think I can take the DOB at its word on the CO that it is technically a basement, not a cellar, and therefore at least eligible for rental, assuming the other pieces of the puzzle are handled?
chemosphere | 9 years and 2 months ago
This brochure IS confusing. Here’s the key passage:
May the basement of a one- or two- family dwelling be lawfully occupied?
Yes, but only by members of the family or families occupying the dwelling and only if the following conditions are met: etc.
In other words, the basement may be occupied by members of the family occupying the dwelling (THE UPPER APARTMENT – this is key). So unless you are going to live in the house and use the basement to house your mother-in-law, you can’t legally rent it out as a separate apartment.
The brochure is really indicating that a family renting out an entire home can also use the basement as part of their living space.
brooklyninsulation | 9 years and 2 months ago
Thanks bobjbkin.
1) There is a CO. It is for a single family. It states three stories and one basement.
2) Totally. But this would be a basement rental on its own in a single family, so I’m not sure this is applicable. I’m not really confused about what the pamphlet says; I think it is quite clear. My question relates more to taking the DOB at their word on the CO that it is a legal basement and not a cellar.
3) There is already a kitchen and a bath, so we wouldn’t need to add anything for this space.
shahnandersen
in General Discussion 9 years and 2 months ago
1) If this is a wood frame single family house, it most likely does not have a CO, but rather a FISA use designation which is what DOB uses to determine permitted use.
2) The pamphlet is not confusing. It says that you can rent the basement in a legal two family house if the basement is all (or part) of the second unit. You cannot ADD a basement rental to a house with two existing units, making it a three family.
3) But if you make any changes to the basement such as adding a kitchen or a bath or changing the egress, you will need to file an alteration permit including architectural plans with DOB.
brooklyninsulation | 9 years and 2 months ago
That’s what I would have thought as well. But it looks to me like the basement is some sort of an exception in a one family, based on that NYC online pamphlet. If the apartment were anywhere else, you’d need to amend the CO. But by amending the CO in this instance, the basement apartment actually becomes illegal. It’s weird, but it does seem pretty clear.
BobMarvin | 9 years and 2 months ago
AFAIK it’s legal to have an apartment in a basement, as opposed to a caller, but if you do that in a one family house, wouldn’t that make it an illegal two family?.