Four family house with ilegal basement

[SeventhFloor]

Originally Posted by G-Dale

So if 50% above curb with bathroom and kitchen that's been there since purchase is legal as long as it is not being rented out?

It's not about if the space is being rented out or not. DOB does not care about rent. Hell, a family member could be staying there for free, that is not the issue. The situation is that OP is going from a 4 family building to a 5 family building. If all of this was filed properly with the Department of Buildings then no worries.
If the bathroom and kitchen were installed without filing at the Department of Buildings first, then OP must worry.

[fatrum]

Originally Posted by SeventhFloor

There's no such thing as an illegal basement. You either have a legal or an illegal apartment, which happens to be at the basement level. Just by having a basement, which by building code definition is a space where 50% or more of the ceiling height is above curb level, is legal.

How do you know you have an illegal apartment? Did you install a kitchen and bathroom without permits?

In this case, I have to say that it is a cellar because it is more than 50% below the curb. The kitchen and bathroon were there when I bought the house, and it was installed without permits.

I have asked DOB, they said that for one or two family houses, you can legalize a utility kichen and bathroom in the cellar, but not for four family houses.

[fatrum]

Originally Posted by Above Average Bear

Put the term "illegal basement" into the search forum box and you will get multiple threads that may answer your question.

I did. I could not find the answer to my question, and that is why I posted it here.

[ShirlMastic Beach]

Originally Posted by fatrum

In this case, I have to say that it is a cellar because it is more than 50% below the curb. The kitchen and bathroon were there when I bought the house, and it was installed without permits.

I have asked DOB, they said that for one or two family houses, you can legalize a utility kichen and bathroom in the cellar, but not for four family houses.

I can get why a 1 or 2 family would be allowed to have a kitchen in the basement/cellar. Back in the olden days they'd cook down there on hot summer days. How old is the building? Then again I guess it wouldn't matter because its greater than 3 family.

@seventhfloor - Could an older house be grandfathered in if pre-dating DOB record keeping and rule making? Also if the OP bought the house as so, do the fines and penalties go to the seller of the property?

[Gee1995]

Here's a thought: roll the dice and call his bluff. Start eviction proceedings. When he threatens to call the authorities and report your "illegal" basement, shrug and say "yeah, I might get a fine...but you'll be gone." And remind him that as soon as he is listed on the docket in housing court, he then ends up on The List (the list of problem tenants that landlords consult before they decide to rent out an apartment). Your fine is one and done but if he ends up on The List, he's looking at years of trouble--no responsible landlord will touch anyone on it.

You have to play hardball with these scum. I had to deal with someone like that--a friend of a friend we let stay on our couch and then she refused to leave. She'd been evicted from several places and couldn't find a stable living environment due to her own drama and history. He's trying to bully and scam you for free rent and thinks he has carte blanche because the NYC housing legal system is so tenant-friendly. Don't let him get away with it.

[sirtiger]

if he doesn't pay rent, go ruin is credit. that should hurt him too