Removal of internal egress to finished basement?

[mleads310]

I have a single family home in Brooklyn NY. I am about to go into contract to sell my home. My question is a few years ago I had removed my interior staircase leading to my fully furnished basement(mother daughter set up, with 7ft ceiling height, which is common to area), but on C of O is listed as a cellar for some reason. If I go to sell this home will the appraiser note down that an interior staircase must be reinstalled to bring it up to code? Keep in mind that I have a seperate exterior entrance to basement, along with multiple windows etc.

 

[Riick]

IMHO, no need for direct interior access to basement from home,
Can't even remember having this issue come up in last 30 some years.

 

[Mike Kennedy]

FAQ Cellar v Basement in Brooklyn NYC

"This pamphlet contains frequently asked questions for tenants and owners concerning the
occupancy of basements and cellars in one- and two- family dwellings, and is provided for your
convenience only. For complete information, consult the law AND applicable rules."

What is the difference between a basement and a cellar?
• A basement is a story partly below curb level but having at least one-half of its height above the curb level
.
•A cellar is an enclosed space having more than one-half of its height belowcurb level.

*Suggest reading all the QA which includes where to find the answer to your questions re converting an unfinished storage cellar to family occupied finished space and interior stairs from Cellar apartment to First Floor - the Housing Maintenance Code
http://www.nyc.gov/html/hpd/downloads/pdf/PreservationSvcsBrochure_BasementCellar.pdf

 

[Riick]

Speaks to what is and is not legal in terms of light/air/dampness, and some safety issues.
Says exactly nothing about interior staircase communicating with upper floors.
.

 

[Mike Kennedy]

Speaks to what is and is not legal in terms of light/air/dampness, and some safety issues.
Says exactly nothing about interior staircase communicating with upper floors.
.

As indicated in BOLD above - that specific element will likely be found in the Housing Maintenance Guide and also requirements for the Building Permit & Cert. of Occupancy for the Cellar Apartment Conversion from Unfinished to Finished.


There is a major distinction between "Cellar" and "Basement". The OP stated the C. of O. he has states "Cellar" and not "Basement".

Additional INFO on Cellars and Basements - http://www.nyc.gov/html/hpd/html/owners/illegal-conversions.shtml
"Cellars in one-family and two-family homes can NEVER be lawfully rented or occupied. (A secondary kitchen for accessory cooking may be located in the cellar as long as approval from the Department of Buildings is obtained prior to the installation of such kitchen.)

Basements in any residential property (one-family, two-family or multi-family) can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings."

Per the above quotation:

I suggest the current Owner, or his Attorney, should verify compliance with the Dept. of Buildings for the "Cellar" that was finished into a family-occupied apartment - PRIOR to signing the reported "Contract".

 

[Jim Onderisin]

mleads: I know of no such specific lender or government agency requirement. However, I'm not familiar with your local municipal code.

 

[HF Mudd]

A basement without interior access would be an indication that it was being illegally rented IMNSHO.

Here's a link to another page at NYC DOB that may be helpful. Click on the link for the FAQ page.

http://www1.nyc.gov/site/hpd/renter...sues-illegal-basement-cellar-conversions.page