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Hi everyone, I am looking to buy a 2 family home in Brooklyn as an investment. I work overseas but go back to NY to see my family once a year. Now I just have a family. When I go back, I can no longer stay with my parents given their small space. Staying in a hotel would be costly so I am thinking of renovating the future basement into a "vacation home".
I understand that cellars are not habitable so I should look for a 2 family home with a basement instead. From the other threats, I also understand that basement apartments can't be legally rent out. To make it illegal, you would need to apply with the relevant department. One impact to this legalization process is higher property tax.
My question is, if it is for my own use, can I stay in the basement for 3 weeks a year? Do I still need to apply to make this legal? I am planning to include a bathroom, kitchen and 2 bedrooms to the basement.
I would like to think that if I wanted to stay in MY basement every now and then, that it wouldn't be illegal. But who knows these days. Definitely not worth converting as you'd have to put in sprinklers among other things like having to put a stupid plant in the front of the house. And if you put in a full bathroom and kitchen down there and throw walls up to make rooms, you won't be able to do that without converting the CO. Even if you do not even plan on letting anyone else ever stay there. Always keep your blinds closed.
Hi everyone, I am looking to buy a 2 family home in Brooklyn as an investment. I work overseas but go back to NY to see my family once a year. Now I just have a family. When I go back, I can no longer stay with my parents given their small space. Staying in a hotel would be costly so I am thinking of renovating the future basement into a "vacation home".
I understand that cellars are not habitable so I should look for a 2 family home with a basement instead. From the other threats, I also understand that basement apartments can't be legally rent out. To make it illegal, you would need to apply with the relevant department. One impact to this legalization process is higher property tax.
My question is, if it is for my own use, can I stay in the basement for 3 weeks a year? Do I still need to apply to make this legal? I am planning to include a bathroom, kitchen and 2 bedrooms to the basement.
I'd really appreciate your advice!
Thanks a lot!!
If the story is legally determined to be a cellar, you can't rent it out because cellars have inadequate natural light and air. If the story is legally considered to be a basement, you can rent it out. A cellar is defined as 50% or more of the height from floor to ceiling being below grade (curb level). A basement is defined as 50% or more of the height from floor to ceiling being above grade. If you want to buy the 2 family house and turn the basement into an extra apartment, you would be legally going from a 2 family dwelling to a 3 family dwelling. You would have to hire an architect or engineer and file with the Buildings Department to make the change. Also, you would have to register with HPD because they consider any building 3 families and up a multiple dwelling, so you would have to register for a MDR (multiple dwelling registration) number. That's the legal way to do it. I've been in the business for 10 years.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
What about living in the basement of your legal 2 family dwelling and rent out the two legal apartments? Technically 3 families would be occupying the building, using services and such. Can that be done?
What about living in the basement of your legal 2 family dwelling and rent out the two legal apartments? Technically 3 families would be occupying the building, using services and such. Can that be done?
3 kitchens = 3 apartments. That's the giveaway. You as the owner can choose to live wherever in the structure you want, but you have to make it a legal 3 family (paperwork-wise).
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
3 kitchens = 3 apartments. That's the giveaway. You as the owner can choose to live wherever in the structure you want, but you have to make it a legal 3 family (paperwork-wise).
ok, what I don't understand, my mothers next door neighbor has a full kitchen (all the people on the block have the same house) in her basement and they use it, it is a one family it is only the husband and wife living there. It is still a one family home, she likes it so the kitchen up stairs stays clean, maybe she is a neat freak or something.....but who would ever know this to make them rip it out.
Logically I can see during holidays to have the extra stove, and its necesity so the theory behind 3 kitchens = 3 apts, kinda, goes out the window...what do you think?
ok, what I don't understand, my mothers next door neighbor has a full kitchen (all the people on the block have the same house) in her basement and they use it, it is a one family it is only the husband and wife living there. It is still a one family home, she likes it so the kitchen up stairs stays clean, maybe she is a neat freak or something.....but who would ever know this to make them rip it out.
Logically I can see during holidays to have the extra stove, and its necesity so the theory behind 3 kitchens = 3 apts, kinda, goes out the window...what do you think?
Buildings Department only allows you to have 2 kitchens if one is classified a "Kosher" kitchen. Don't shoot the messenger.
If I had an extra kitchen and didn't file it properly, how could the city know the work was done correctly without it being reviewed or inspected, and then on top of that they're losing tax money if your building is not classified as the right amount of families. What can I say.
PS: Since when it was a necessity to have 2 kitchens for the holidays??? My godmother easily cooked for 40+ alone with one kitchen for her Christmas dinners. At least she made it look easy...
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Thanks for the responses. So I take that it isn't possible to add a kitchen and bathroom to the basement without converting a 2 family home to 3 family. As an investor, if I can't enjoy the basement legally, then it wouldn't be an efficient use of space.
I am thinking if it would work combining the first floor and basement as a duplex to increase rental income? For example, renovate the basement into a simply big size living room (of course doing some work to hide the boiler) and then tenants can use the first floor living room as study room, or additional bedroom. Would this violate any laws?
Buildings Department only allows you to have 2 kitchens if one is classified a "Kosher" kitchen. Don't shoot the messenger.
If I had an extra kitchen and didn't file it properly, how could the city know the work was done correctly without it being reviewed or inspected, and then on top of that they're losing tax money if your building is not classified as the right amount of families. What can I say.
PS: Since when it was a necessity to have 2 kitchens for the holidays??? My godmother easily cooked for 40+ alone with one kitchen for her Christmas dinners. At least she made it look easy...
and its necesity, if one needs one. I guess I didn't word it that good. meaning 2 if she nneded it for whatever reason, every family is different.
LOL, the HGTV people all seem to need double ovens, SS appliances and granite, otherwise the kitchen can't function...LOLOLOLOLOL
Some old houses would have a kitchen in the basement for cooking on hot summer days. Era prior to when everyone had A/C.
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