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Old 06-28-2016, 12:37 PM
 
1 posts, read 650 times
Reputation: 10

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Hi all,
I am so confused and can't seem to find an answer. I'm not sure if my apartment is illegal. I do know from my research that it is a cellar apt in queens. I looked at the dept of bldgs website and it says that the landlord had been caught years ago with having an illegal apt in the bsmt. What confuses me is that there are three electric meters. I'm wondering if con Edison would have installed a meter in an illegal apartment. It's a two family brick and me in the bsmt (100%) below street level. Any help would be so appreciated - I've begun to pack and look for something new but no luck yet and if it's not illegal if rather stay until something else comes up. Thank you again!
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Old 06-28-2016, 02:56 PM
 
Location: Houston, TX
139 posts, read 155,731 times
Reputation: 242
http://www1.nyc.gov/assets/hpd/downl...Cellar-new.pdf

Since you are 100 percent below street level, you are considered a cellar, not a basement and cannot be rented out.
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Old 06-28-2016, 03:34 PM
 
43,663 posts, read 44,393,687 times
Reputation: 20559
Quote:
Originally Posted by NYC_transplant_in_Houston View Post
http://www1.nyc.gov/assets/hpd/downl...Cellar-new.pdf

Since you are 100 percent below street level, you are considered a cellar, not a basement and cannot be rented out.
The OP was not clear if s/he is in a basement apt. which could be legal or in a cellar which definitely illegal.
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Old 06-28-2016, 05:40 PM
 
34,091 posts, read 47,293,896 times
Reputation: 14267
The legal definition of a cellar is that 50% or more of the ceiling height is below the curb, or grade level.
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Old 06-28-2016, 08:37 PM
 
Location: New York City
19,061 posts, read 12,720,048 times
Reputation: 14783
Never ceases to amaze me how many illegal basement apartments get rented in NYC and how all of the landlords and tenants end up HERE lol. Same story every single time...

- It's an Illegal Apartment
- The Tenant can't be easily removed and can probably stop paying rent
- The Landlord is screwed
- The Landlord is very screwed
- The Landlord is really screwed
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