Mike Kennedy
Elite Member
- Joined
- Sep 28, 2003
- Professional Status
- Certified Residential Appraiser
- State
- New York
"Cellars in one-family and two-family homes can NEVER be lawfully rented or occupied."
http://www.nyc.gov/html/hpd/html/owners/illegal-conversions.shtml
"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."
"HOW IS AN ILLEGAL CONDITION CORRECTED?
An illegal conversion violation may be corrected in one of two ways:
http://www.nyc.gov/html/hpd/html/owners/illegal-conversions.shtml
"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."
"HOW IS AN ILLEGAL CONDITION CORRECTED?
An illegal conversion violation may be corrected in one of two ways:
- Remove the illegal condition: The altered spaces must be restored to its prior legal use or layout. This may require a permit to remove partitions, plumbing, fixtures and entrances. All tenants in the illegal units must leave.
- If possible, legalize the illegal condition: Under certain limited circumstances, the additional housing unit may be legalized by following the guidelines below and obtaining a Certificate of Occupancy from the Department of Buildings. The Certificate of Occupancy is a document that describes the legal occupancy use of your building (for example, a one-family home, a two-family home or a 10-story apartment building). Go to www.nyc.gov/buildings and check “Resolving Department of Buildings Violations” for further information.
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