That depends. In New York City a basement apartment is one in which at least 50% of the unit is above ground level and meets other building code requirements such as sufficient exits, asbestos issues, and proper heating and water. A cellar apartment, one in which less than 50% of the unit is above ground. Cellar apartments are never legal and can’t be legalized. In New York City, all apartments must be registered with the City and must have met code requirements. If you aren’t sure if a particular apartment is a legal, contact the Department of Housing or call 311.
While living in an illegal apartment may seem like the only option for cash strapped New Yorkers, they are illegal for a reason. Not only is it dangerous for your health, if anyone complains, you can be evicted very quickly.
originally posted May 4, 2007
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