Fighting Illegal Conversions:
A Comprehensive Guide for Communities Published by the
Office of the Queens Borough President, Helen M. Marshall
WHAT IS AN ILLEGAL CONVERSION?
An illegal conversion is the creation of one or more additional dwelling units within a home without first receiving the approval of, and permits from, the NYC Department of Buildings. Such conversions often involve the alteration or modification of an existing one- family or two-family home
by adding an apartment in the basement or attic. Sometimes several dwelling units are added to a home to create an illegal rooming house.
IS EVERY APARTMENT ADDED TO A HOME ILLEGAL?
No. Depending upon the circumstances, it is sometimes permissible to
add an apartment to a home.
- First, the building must be in an area which is zoned to allow additional dwelling units.
- Second, the property lot and building size must meet the zoning requirements.
- Third, you must obtain a building permit from the NYC Department of Buildings to add the new dwelling unit.
IF I ALREADY HAVE AN ADDITIONAL DWELLING UNIT IN MY HOME, HOW DO I KNOW IF IT IS LEGAL?
If you added the apartment to your home without first getting a permit from the NYC Buildings Department, it is illegal, and you must either remove the apartment or seek to have it legalized. If the apartment already existed when you bought the home, you should
check the Certificate of Occupancy for the building, or speak with a licensed architect or engineer.
Downloadable C.O.’s may be obtained from the Building Information System (BIS) on
www.nyc.gov/buildings.
http://queensbp.org/content_web/housing/illegal_apts.shtml