Unregulated basement apartments could become the new lofts, NYC Comptroller says

NYC Comptroller Brad Lander released a plan to legalize basements and cellars. Under Ladner’s proposal, these apartments will receive a temporary legal status of up to five years, which will act as an interim to bring these units up to code. 

The new measure, known as the Basement Resident Protection Law, would require owners to install fire and carbon monoxide detectors as well as backflow preventers. In addition, the law would establish a city board that will oversee the conversion of illegal accessory dwelling units (ADUs) into legal and safe residences.   

“Hurricane Ida tragically called attention to the precarity of tens of thousands of our neighbors living in basements, but one year later, we’ve done little to address it, “ said Comptroller Brad Lander. “Climate change means more flash floods are coming and fires remain an even more frequent deadly risk. Living without tenant protections means basement residents are constantly at risk of eviction without due process.” 

Lander’s plan follows the state’s Loft Law, which was established in the 1980s to legalize former commercial and manufacturing spaces and turn them into residential units. The Pratt Center estimates that between 300,000 and 500,000 New Yorkers live in basements. This is approximately one of every 25 NYC residents. Another report, published by the Comptroller Lander office, found that 43,000 basements and cellars are currently facing some type of flooding risk. 

Last September, Hurricane Ida caused massive floods which took the lives of 13 people, 11 of whom died in basement apartments. According to the City Limits, 109 families displaced by the storm still live in hotels and struggle to find permanent housing. Several elected officials, including Governor Kathy Hochul, released initiatives that would create a path to legalizing ADUs, but later dropped them due to the lack of support. 

The Basement Resident Protection Law published by Lander would work alongside other state legislations that include additional requirements for unregulated basement units. The city and state would also provide relocation options to those living in the units that are deemed the most dangerous.

Resources:

“Comptroller Brad Lander Proposes New Approach to Provide Resident Rights and Protections for NYC Basement Apartments,” (New York City Comptroller Brad Lander, 2022)

“Is the Loft Law the answer to NYC’s illegal basement problem?” by Kathryn Brenzel (The Real Deal, 2022)

“Comptroller Proposes Roadmap to Legalize NYC’s Basement Apartments,” by Liz Donovan (City Limits, 2022)

“Under Comptroller's Plan, Basements Could Be the New Lofts,” (Habitat Magazine, 2022)

“A Year After Hurricane Ida Flooding, Families in Hotels and Basement Protections in Limbo,” by Samantha Maldonado (The City, 2022)