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Well the bad news is there's a Queens task force dedicated to this specific situation. Check your block for similar situations. See if your neighbors have had the same problem. You can go on line and look up similar complaints and see how the follow through was. Chances are that after two visits you'll see that they were closed out. The good news is the DOB has to get a court order the same way the police get search warrants. They need to show probable cause and without anything other then an anonymous phone call a judge won't give them the right to enter. Maybe your problem will be your tenant. Both of you will have to be psychologically prepared to deny access to an inspector standing at the door.
You KNOW you have an illegal apt. You KNOW you cannot ever get it legal without some serious modifications to your property - you need TWO exits to the outside - not one into your home. If you don't know that and are still trying to collect rent, then you are not worthy of anyone trying to help you.
You are endangering lives. You are doing so KNOWINGly.
You KNOW you have an illegal apt. You KNOW you cannot ever get it legal without some serious modifications to your property - you need TWO exits to the outside - not one into your home. If you don't know that and are still trying to collect rent, then you are not worthy of anyone trying to help you.
You are endangering lives. You are doing so KNOWINGly.
The exit into the house would be legal if it was kept unlocked or a corridor was provided to the outside.
I'm a pragmatist when it comes to the law. Where possible obey it. When the law is stupid figure out a loop hole, use legalistic technicalities to circumvent it or weigh the consequences and disobey it.
The difference between a cellar and a basement is totally arbitrary and could be change by just regrading the property. One is a death trap, the other not so much.
I've also seen other state on here that in the case of a tenant being forced out of an illegal basement unit, the tenant doesn't have to pay any rent and you (the landlord) are responsible for paying his moving costs to a new (legal) place.
Also, as a side question, why do these units have to have two means of egress to the outside while most regular apartments above the first floor only have one (the fire escape)? If I had to evacuate my apartment right now, the only way that directly leads outside is the fire escape. Other than that, my only other means of escape is my front door, which is separated from the outside by a hallway and (thankfully only) four flights of stairs.
Regardless whether you agree with the law, you are still bound by it.
In the case of 2 egresses - you DO have two direct exits to outside - one via the hallway and stairs - it's not through someone else's apt. No one is debating cellar vs basement. All apts must have 2 means of egress.
The OP knew his apt was illegal. He stated he bought a ONE FAMILY HOME - that means it's not a one family plus apt. The apt is illegal and he knew it. I have no sympathy for him for doing the repairs to the apt when he KNEW it was illegal or for the fines he is about to have handed to him.
Regardless whether you agree with the law, you are still bound by it.
Quote:
All apts must have 2 means of egress.
Quote:
...you need TWO exits to the outside... You are endangering lives. You are doing so KNOWINGly.
Well if you knew the law then you would know that a means of egress can be substituted with a sprinkler system. That's one exception. There are others. But that's beside the point. Like I've said before if the basement door was either unlocked or had an alarmed panic bar (Detex) then there would be 2 exits. Since the C of O indicates a one family house then that second means is not through another "apartment".
Therefore it's legal. But that too is beside the point.
Regardless of what is living in the basement be it human or animal the only violations the DoB will give is work done without a permit. There is no "illegal living" in the DoB violation code. If I was the OP and if the tenant would cooperate I would put the tenant up somewhere else, remove the offending appliances, get the inspection and move on.
Your indignation at a basement apartment is misdirected.
500 people die a year from CO poisoning throughout the entire house yet 12000 people die in stair related accidents.
I am pretty sure you do not have to let the DOB inspector in and nothing can be held against you because it is your property and they have no evidence of any issues within the basement other then a tenant complaining.
This was info I had while working for 311 a few years ago, things may have changed since then though.
Regardless whether you agree with the law, you are still bound by it.
In the case of 2 egresses - you DO have two direct exits to outside - one via the hallway and stairs - it's not through someone else's apt. No one is debating cellar vs basement. All apts must have 2 means of egress.
The OP knew his apt was illegal. He stated he bought a ONE FAMILY HOME - that means it's not a one family plus apt. The apt is illegal and he knew it. I have no sympathy for him for doing the repairs to the apt when he KNEW it was illegal or for the fines he is about to have handed to him.
Quote:
Originally Posted by modsquad81
Well if you knew the law then you would know that a means of egress can be substituted with a sprinkler system. That's one exception. There are others. But that's beside the point. Like I've said before if the basement door was either unlocked or had an alarmed panic bar (Detex) then there would be 2 exits. Since the C of O indicates a one family house then that second means is not through another "apartment".
Therefore it's legal. But that too is beside the point.
Regardless of what is living in the basement be it human or animal the only violations the DoB will give is work done without a permit. There is no "illegal living" in the DoB violation code. If I was the OP and if the tenant would cooperate I would put the tenant up somewhere else, remove the offending appliances, get the inspection and move on.
Your indignation at a basement apartment is misdirected.
500 people die a year from CO poisoning throughout the entire house yet 12000 people die in stair related accidents.
LISTEN UP: Nothing will happen to you so long as you do one simple thing: DO NOT LET THEM IN TO INSPECT UNDER ANY CIRCUMSTANCES.
They will attempt to gain entry 2 times, and if they cannot gain entry, they simply close the case. The end. That's it...it's that simple. I had the same notification and did not call them, and they tried to gain access a couple of times. They could not get in, and they simply closed the case and that's standard procedure. You can follow it online and see when they attempted entry, the result, and the closed case.
DO NOT LET THEM IN. EVER. And you will be just fine. This is also in the papers:
Excerpt: The city received five complaints of illegal apartments with faulty wiring and blocked exits in the Belmont building. Building inspectors visited the site 10 times but, following department policy, took no further action after they failed to get in after two tries." That is the standard policy..so don't worry.
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