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Personally I believe the illegal basement apartments are exaggerated. As for the illegal cellar apartments, they may be dangerous.
Most of the basement apartments I've seen have two means of egress, yet they are considered illegal because the landlord didn't have a CofO. Which boils down to the city wants to know how much rent your collecting so you can pay the proper taxes. The more taxes you pay, the better the city does. Not to mention it cost thousands of dollars to convert a basement apartment. In which case everybody makes money except the landlord.
And don't think the landlord makes money once the legal basement apartment is rented. Because that takes years to recoup. Not to mention the landlord had better hope he/she finds a tenant that pays on time and not one who plays the system.
I understand that most landlords are in bad financial situations and need to rent the basement to make ends meet. Almost all of them can't afford to convert to legal apartments. Now I'm not saying this is ok, I'm just saying I could see why it is done.
the person you are responding to is no longer a member.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Personally I believe the illegal basement apartments are exaggerated. As for the illegal cellar apartments, they may be dangerous.
Most of the basement apartments I've seen have two means of egress, yet they are considered illegal because the landlord didn't have a CofO. Which boils down to the city wants to know how much rent your collecting so you can pay the proper taxes. The more taxes you pay, the better the city does. Not to mention it cost thousands of dollars to convert a basement apartment. In which case everybody makes money except the landlord.
And don't think the landlord makes money once the legal basement apartment is rented. Because that takes years to recoup. Not to mention the landlord had better hope he/she finds a tenant that pays on time and not one who plays the system.
I understand that most landlords are in bad financial situations and need to rent the basement to make ends meet. Almost all of them can't afford to convert to legal apartments. Now I'm not saying this is ok, I'm just saying I could see why it is done.
also if the building was built prior to 1938, a C of O is not required. there are hundreds of buildings in NYC built prior to 1938 that do not have one.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
also if the building was built prior to 1938, a C of O is not required. there are hundreds of buildings in NYC built prior to 1938 that do not have one.
The dangerousness of an illegal basement or cellar apartment is well established. Carbon Monoxide poisoning being a big problem.
Property tax fraud is another problem.
Invalid building insurance is another - building configuration was misrepresented on the insurance contract as the contract is based on the CoO.
Having invalid insurance means that the mortgage on the building is in breach. Lenders require borrowers to have building insurance at all times. Lender can seize the building.
If there is a fire in the basement, the legal apt dwellers can sue the landlord. And fire in the basement is highly likely as the gas, plumbing, and electrical work is all not code inspected.
A death as a result of the illegal unit with put the landlord up for a manslaughter charge.
I don't know why someone would be so short-term greedy to create an illegal apartment, as to put themselves in enormous financial and legal risk of losing everything.
im looking for a place now, and i have been shown quite a few illegal basement apts.. the situations in these places are appalling, often the homeowners are Indian/Chinese. in nice neighborhoods.etc. One apt that said "studio" in craigslist was only a 46 sq foot room, i kid you not, there was no refrigerator in there, kitchen, etc. i would have to go outside of the door and use the bathroom down the hall, now mind you, how does one wash dishes, etc? when all you have is a bathroom.
To top it off next to this tiny room was boiler room, which i imagine would get quite hot, as it was steaming down there in the summer when i saw it. I don't know how this man justified renting out a 46 sq foot room with no kitchen facilities, no closets, etc for 800 bucks, but he did. Also not having a window can get quite depressing. I know they may be cheaper, but please be careful if/ when you decide to rent out a basement studio /illegal apt. when it floods, the basement floods, boilers do explode sometimes, etc. pipes get hot, etc. personally, i think its inhumane depending on the setup
im looking for a place now, and i have been shown quite a few illegal basement apts.. the situations in these places are appalling, often the homeowners are Indian/Chinese. in nice neighborhoods.etc. One apt that said "studio" in craigslist was only a 46 sq foot room, i kid you not, there was no refrigerator in there, kitchen, etc. i would have to go outside of the door and use the bathroom down the hall, now mind you, how does one wash dishes, etc? when all you have is a bathroom.
To top it off next to this tiny room was boiler room, which i imagine would get quite hot, as it was steaming down there in the summer when i saw it. I don't know how this man justified renting out a 46 sq foot room with no kitchen facilities, no closets, etc for 800 bucks, but he did. Also not having a window can get quite depressing. I know they may be cheaper, but please be careful if/ when you decide to rent out a basement studio /illegal apt. when it floods, the basement floods, boilers do explode sometimes, etc. pipes get hot, etc. personally, i think its inhumane depending on the setup
These kinds of conditions point back to early century tenement type of conditions and clearly illustrate why their should be legislation in place, but I also find it interesting that a more modern basement with more then one entrance/exit can't be allowed. I grew up in VERY rural areas of the Upper Peninsula of Michigan and I would say that it's pretty common for people to be living in the basement of a home provided that it is fully finished and has it's own bathroom, kitchen, etc. provided. Granted we're talking about homes built in the 50's or later that the original owner had that purpose in mind, not a house built in the early 1900's with a "root cellar" feel to it and a leaky foundation, zero windows, etc. I've never lived in one, but I believe Chicago allows for "garden floor" apts which are 50% above ground and have proper entrances as well. I've seen quite a few of those being rented out.
I have an inspector coming soon to inspect the above ground illegal basement apartment. I know it's illegal but I need the income for the mortgage. There is a front and back door. What will the inspector look for? I tell him/her that no one lives there. I'll tell the inspector it is a nice basement with no tenant. Should the stove be removed to help my case? What do I have to do to convince the inspector that the basement is not any apartment?
I haven't read that those are illegal. Also...WHY does NYC make a basement or, in our case, lower level apartment illegal? If a family wants to have another family member living in their street-level garage/basement apartment, why is that an issue? I constantly hear of people being fined outrageous fines and being evicted...or having to tear apart their restroom.
I know some say it's dangerous..but honestly, it's not for the mostpart and it doesn't harm anyone.
Theyre illegal because theyre @#$%^& deathtraps without proper means of evacuation. Not only are they dangerous for the occupants but theyre dangerous for the Firemen that have to go and get them. I lived in one on Long Island where it had the tiny windows and one door. Didn't think much of it and one day it clicked...how do I get out of here if theres a fire that cuts off my door? (Very possible since the boiler room and washer/dryer kind of strattled my door.) Im slender and strong enough to get out a small window if I need to but I dont think a family of 5 or 6 with a grandma can.
Sorry I'm sure this point was already made but I just saw this thread and wanted to say something.
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