Know The Law: What is the difference between a Basement and a Cellar
I live in the New York City area, where affordable housing is becoming harder and harder to find. To help alleviate this problem many home owners are renting out their basement and cellars. Many people are choosing to rent these types of spaces because they are a lot more affordable that an apartment or house. New York City however, has very specific laws about renting a basement or cellar.
I choose to bring up this topic because I know that many investors, such as myself do not always know what the housing laws are. Then one day, we wake up and find ourselves in hot water with the city, which can cost us financially. So, to be a intelligent investor, make sure you know what the laws says.
Below is New York City’s definition of a basement and cellar and the law regarding renting a basement or cellar. I hope you find this information helpful.
Basements and cellars are very different. A basement is a story partly below curb level but having at least one-half of its height above the curb level. A cellar is an enclosed space having more than one-half of its height below curb level.
Basements and cellars of multiple dwellings may not be occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the New York City Department of Buildings.
Cellars in private dwellings can NEVER be lawfully rented or occupied. (A secondary kitchen for accessory cooking may be located in the cellar so long as approval from the Department of Buildings is obtained prior to the installation of such kitchen.) Basements in private dwellings can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings. (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.)
Owners with illegally converted basements and cellars may face civil and criminal penalties. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation and inadequate egress in the event of a fire. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment.
For more information and/or complaints concerning illegal basement or cellar apartments call the City’s
For more information: click on the link below
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