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Old 06-10-2008, 10:04 PM
 
58 posts, read 237,097 times
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If we have a two family house with two floors and basement, would it be legal to rent out basement and live on top two floors. The DOB is not clear on this (http://home2.nyc.gov/html/hpd/html/owners/illegal-conversions.shtml): (broken link)

"Since the rental of a basement in a two-family dwelling would result in a conversion from a private dwelling to a multiple dwelling, basements of two-family dwellings may not be rented unless the entire building is in compliance with the New York State Multiple Dwelling Law."

how the two family doweling is a private dwelling, I do not underspend.
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Old 06-10-2008, 10:32 PM
 
Location: Bay Ridge, NY
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Does the basement have windows, and it's own exit?
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Old 06-10-2008, 11:30 PM
 
Location: UWS -- Lucky Me!
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And its own bathroom and kitchen?
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Old 06-11-2008, 06:56 AM
 
Location: Confines of the 101 Precinct
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doesnt matter. if your house is not a legal 3 family then you cannot rent out the basement. does your house have a C of O? find out if your house is a legal 2 fam or 3 fam. if its a legal 2 fam then you cannot do it. also verify if it is actually a basement or cellar. maybe you should consult an architect.
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Old 06-11-2008, 09:15 AM
 
Location: Bedford Park, Bronx
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You may be able to convert it into a legal dwelling, but you'd have to get a new C of O. There are requirements to legalize it, such as two means of egress, a min. ceiling height, and a certain percentage of the dwelling needs to be above ground, etc. I'd speak to someone from the dept. of buildings. If the basement meets the criteria, you could combine the two upstairs units into one legally and then the house would remain a two family, or you could convert it to a three family.
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Old 06-11-2008, 11:49 AM
 
Location: Confines of the 101 Precinct
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Quote:
Originally Posted by Pete Piper View Post
You may be able to convert it into a legal dwelling, but you'd have to get a new C of O. There are requirements to legalize it, such as two means of egress, a min. ceiling height, and a certain percentage of the dwelling needs to be above ground, etc. I'd speak to someone from the dept. of buildings. If the basement meets the criteria, you could combine the two upstairs units into one legally and then the house would remain a two family, or you could convert it to a three family.
you only need 2 means of egress if you exceed 2500 sq ft per floor. he should be ok with just one. but his best bet is to contact an architect.
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Old 06-11-2008, 03:51 PM
 
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Originally Posted by Carbro View Post
And its own bathroom and kitchen?
it has window exit at front and the back of the building and the stairs to the first floor in the middle.
It has 1/2 bathroom and kitchen.
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Old 06-11-2008, 03:53 PM
 
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Originally Posted by SeventhFloor View Post
doesnt matter. if your house is not a legal 3 family then you cannot rent out the basement. does your house have a C of O? find out if your house is a legal 2 fam or 3 fam. if its a legal 2 fam then you cannot do it. also verify if it is actually a basement or cellar. maybe you should consult an architect.
It is basement (more then 1/2 above). It is legal 2 family. But this is exactly the point. I do not want to have three family. I would be happy to occupy two floors as one family and rent out basement to the second family. There is no third family. Besides this is an old house. The originally two floor were occupied by a single family. So it was converted into two family.
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Old 06-11-2008, 04:24 PM
 
Location: Nassau, Long Island, NY
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Quote:
Originally Posted by bobjohn View Post
It is basement (more then 1/2 above). It is legal 2 family. But this is exactly the point. I do not want to have three family. I would be happy to occupy two floors as one family and rent out basement to the second family. There is no third family. Besides this is an old house. The originally two floor were occupied by a single family. So it was converted into two family.
Your 2 family C/O is for the two floors that are currently separate apartments. You cannot convert that to living space for one family and then "substitute" the basement for the second apartment.

First of all, you will have to find out if you can convert the basement into an apartment by the means other posters have mentioned.

If someone reports you for renting the basement without taking these steps or for renting the basement after you found out that it is not possible to legally make it into an apartment, you will be penalized. In the long run, it's not worth it.
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Old 06-11-2008, 07:32 PM
 
Location: Confines of the 101 Precinct
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Quote:
Originally Posted by bobjohn View Post
It is basement (more then 1/2 above). It is legal 2 family. But this is exactly the point. I do not want to have three family. I would be happy to occupy two floors as one family and rent out basement to the second family. There is no third family. Besides this is an old house. The originally two floor were occupied by a single family. So it was converted into two family.
so then you should be ok as long as the 1st and second floor are one apartment by itself. and you're more than 50% above grade so you're a basement. i see no problem in renting it out. do you have a C of O for the property tho? you just may want to take the extra step and get one for your house if you dont have one so that nobody can second guess that your basement isn't legal.

if you want to get the C of O, consult an architect about filing an "Alteration Type 1 - No Work" application at the Buildings Department. That what you file when you want to get the C of O but there's no general construction involved.
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