Lawmakers call to legalize basement apartments in NYC

After Governor Hochul dropped her proposal to legalize accessory dwelling units across the state, other elected officials pushed to adopt this measure citywide. The new bill would allow the city to establish an amnesty program for owners of unregulated basement apartments. 

The proposal would create a path for these apartments to become safe without having to comply with the state’s multiple dwelling law, which makes renovations too costly and prevents the formalization of these residences. 

Over 100,000 New Yorkers currently live in basement units, according to the bill co-sponsors Senator Brian Kavanagh and Assemblymember Harvey Epstein. The legislation received support from Mayor Eric Adams, City Comptroller Brad Lander, New York City Chief Housing Officer Jessica Katz, and multiple non-profit organizations. 

“Thousands of our neighbors are living in basements across New York City whether they are legal or not, and last summer, we saw the devastating impact of letting these homes remain under the radar. But we are not standing by any longer and ignoring this issue,” Jessica Katz said.

Illegal basement apartments pose a significant risk to their residents: from carbon monoxide poisoning to inadequate ventilation and flooding. Last year, 11 people died in flooded basement units during Hurricane Ida. The new measure aims to turn illegal basements into safe residential units and avoid deadly hazards.

The proposal recognizes that unsafe basement apartments are a part of the current housing stock. Therefore, tenants who have to move out from an illegal basement will be the first to rent it once the unit becomes legal.  

Resources:

“Lawmakers change strategy for legalizing NYC’s basement apartments,” by Kathryn Brenzel (The Real Deal, 2022)

“Assembly Member Epstein and Senator Kavanagh Announce Bill Empowering New York City to Safely Legalize Existing Basement Apartments,” by Assemblymember Harvey Epstein (NY Assembly, 2022)

“Legislators aim to legalize underground basement apartments,” by Brian Pascus (Crain’s New York, 2022)

“The storm’s toll highlighted New York City’s shadow world of basement apartments.,” by  Mihir Zaveri, Matthew Haag, Adam Playford and Nate Schweber (The New York Times, 2021)