Department of Building (illegal open-cellar) violation I need advise. (apartment, for rent)

[blade8249]

hello everyone, I have a similar situation. Im in the process of evicting my tenant and they reported me to the buildings department. The inspector already cited me for a violation of gravel on the driveway and I have an option to remove it and cure the violation. This Violation was outside and Its not like i can tell the city inspector to get out. i am getting a licensed architect get the proper permits and have the situation corrected. Where my Im really concerned is another I received another inspection request for the same violation. this time the Non-paying tenants that I'm in the process of evicting complained to the city that I have an illegal basement apartment. Now I have a kitchen and small bathroom that i made with a stand up shower. I use my cellar as a gym and the kids play in the other room while I'm working out. I am not renting it out to anyone. I also have my washer and dryer. In addition, I recently when to see what my C of O called the basement. It was deemed as a open-cellar. The inspector has come twice and I have not given them access to the house. What are my options. I'm taking care of the driveway violation but the (now) open cellar space that I use for my private use has to get resolved. Can I get an architect to get permits so that I can keep the my stuff. How long can I keep the inspectors out legally before they legally gain access. If I have no choice, can I take down all the stuff myself and then give them access to the open cellar aka basement. Im upset because these deadbeat tenants are not even paying for rent and are causing me all these problems and also because I have little ones. I am the landlord and really would appreciate some clarity.

[SeventhFloor]

Originally Posted by blade8249

hello everyone, I have a similar situation. Im in the process of evicting my tenant and they reported me to the buildings department. The inspector already cited me for a violation of gravel on the driveway and I have an option to remove it and cure the violation. This Violation was outside and Its not like i can tell the city inspector to get out. i am getting a licensed architect get the proper permits and have the situation corrected. Where my Im really concerned is another I received another inspection request for the same violation. this time the Non-paying tenants that I'm in the process of evicting complained to the city that I have an illegal basement apartment. Now I have a kitchen and small bathroom that i made with a stand up shower. I use my cellar as a gym and the kids play in the other room while I'm working out. I am not renting it out to anyone. I also have my washer and dryer. In addition, I recently when to see what my C of O called the basement. It was deemed as a open-cellar. The inspector has come twice and I have not given them access to the house. What are my options. I'm taking care of the driveway violation but the (now) open cellar space that I use for my private use has to get resolved. Can I get an architect to get permits so that I can keep the my stuff. How long can I keep the inspectors out legally before they legally gain access. If I have no choice, can I take down all the stuff myself and then give them access to the open cellar aka basement. Im upset because these deadbeat tenants are not even paying for rent and are causing me all these problems and also because I have little ones. I am the landlord and really would appreciate some clarity.

Cellar: 50% or less of height from floor to ceiling is below grade
Basement: 50% or more of height from floor to ceiling is above grade

If you have a cellar - it's not legal habitable space, you have to remove the kitchen and only have a 2 fixture bathroom (sink and toilet only, no shower).

[nybbler]

Originally Posted by SeventhFloor

If you have a cellar - it's not legal habitable space, you have to remove the kitchen and only have a 2 fixture bathroom (sink and toilet only, no shower).

So you pull out the fixtures, cap off the pipes, and when you've gotten finally gotten rid of the tenants you put them back?

[DitmarsNY]

Don't open the door to the inspector, they will just close the complaint out.

It doesn't matter if it's a cellar or basement, you bathroom is illegal and will always be, you cannot put a 3 piece bathroom there, only a 2 piece and will take you a long time to legalize it anyway.

[SeventhFloor]

Originally Posted by nybbler

So you pull out the fixtures, cap off the pipes, and when you've gotten finally gotten rid of the tenants you put them back?

Getting the violation dismissed and getting rid of the tenants are 2 completely different issues. I responded directly to the title of the thread. This isn't Landlord Costco here man. He's lucky he even got that info out of me - I should have charged him $50.