AGENCY TESTIMONY
Pre-considered T 2024-2765: Pilot program for legalizing basement and cellar apartments
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136 sec
Kim Darga describes pre-considered T 2024-2765, which establishes a time-limited program to legalize basement and cellar apartments in certain community districts. The legislation aims to address the widespread issue of illegal basement dwellings.
- Provides a pathway to legalization for many currently illegal units
- Directs HPD to provide technical assistance and conduct public education for homeowners
- Creates an opportunity for unregulated units to come out of the shadows and make vital safety upgrades
Kim Darga
0:15:58
Preconsidered t 20242765 would stand up a time limited program to legalize basement and cellar apartments in certain community districts.
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Across the city, tens of thousands of New Yorkers live in basement and cellar apartments.
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But current law makes it illegal or infeasible to bring most of these units up to code.
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The current approach, a broad prohibition on lawful basement and cellar apartments, is simply not working.
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Basement and sellers continue to be occupied, often under dangerous conditions.
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Tenants lack basic protections because their tenancy is not lawful.
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And when something goes wrong, first responders are called into hazardous conditions, like flooded apartments without adequate means of escape or egress or smoked filled basements without fire suppression measures like sprinklers.
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Not all of these basements or cellars can be safely legalized, and enforcement against unsafe conditions is critical to protect tenants, homeowners, and first responders, but many units can be made safe.
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Unfortunately, a complex mix of state regulations, local zoning barriers, and local building codes have made it, long made it difficult to bring those units that can be safely occupied up to code.
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Using new authority under the state multiple dwelling law, pre consider excuse me.
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Pre considered t 20242765 is a breakthrough, providing a pathway to legalization for many units.
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The legislation directs HPD to provide technical assistance to owners of eligible basement and sellers and conduct public education and outreach to homeowners who are likely to have these units.
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HPD will also, subject to available resources, provide financial assistance to homeowners.
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And critically, the legislation creates an opportunity for currently unregulated units to come out of the shadows, make vital safety upgrades, and if they come up to code, become permanently lawful units.
