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Finding out if an apartment is legal? — Brooklynian

Finding out if an apartment is legal?

apartment blues
apartment blues
edited November -1 in Park Slope
I live in a brownstone in Park Slope and we have neighbors moving into the basement. Several years back, this occurred. There was a gas leak in the basement, the neighbors refused to answer the door, and the gas company threatened to knock down the door. Finally they let the gas company in to turn off the gas until the leak could be fixed. I was told by the gas company emergency employee that the apartment was illegal which was probably why they wouldn’t answer the door. The employee also implied that the gas line was connected to another apartment’s line (meaning, the basement was stealing gas from another tenant and not paying for it). There has also been other drama from this basement "apartment" including the police coming several times.

Does anyone know how to find out if an apartment is legal or illegal? I have real concerns about safety, energy bills (who is paying the energy bills for an illegal apartment?), etc.

Comments

  • modsquad2.0
    modsquad2.0
    go here
    http://www.nyc.gov/html/dob/html/home/home.shtml

    punch in the address. It's finicky about "street" vs. "st" or avenue vs av, so keep trying.
    Near the top, right hand side click "view certificates of occupancy", There are probably several if it's an old building. Find the newest. Depending on how much of the basement is above grade will be the determining factor among other things which would allow this space to be legal
  • apartment blues
    apartment blues
    mod,

    Thanks. I did so, and it says, "THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS ADDRESS "

    I am not sure what that means.
  • veets
    veets
    Apartment Blues wrote: mod,

    Thanks. I did so, and it says, "THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS ADDRESS "

    I am not sure what that means.
    How old is this building?

    Before 1027 (not so sure on that date) building did not need C of O's.

    Just a thought of why you did not find it on that search.
  • d_luxx
    d_luxx
    I'm pretty sure that if the apartment is 50% or more below grade (street level) its not legal for inhabitance.
  • apartment blues
    apartment blues
    The apartment has no windows and is below street level, I think it is completely below street level. I called 311 and they just were not all that helpful. But they did say I could request an investigation.
  • bcodsnpkslope
    bcodsnpkslope
    a basement apartment myst have windows that one is capable of getting out of in case of fire or flood. In NYC that is highly unlikely if not impossible in a brownstone. It is an illegal apartment if there are no windows.
    there is alot of crackdowns on this kind of thing lately call 311 and file a complaint
  • veets
    veets
    If memory serves me correctly there is an equation of actual window versus the square footage that "might" make a basement apartment legal. For sure.. if there are no windows this can not be a legal apartment in NYC.
  • condoguy
    condoguy
    In order to meet code requirements, at minimum, 10% of the area of the walls must be used for light and 5% must be used for ventilation.

    From what you described, no windows and >50% below grade, there is no way this is a legal apartment.
  • modsquad2.0
    modsquad2.0
    Having been on the receiving end of an inspection for safe habitability in a commercial building that was being lived in illegally it is possible that a visit by the City will lead to an immediate eviction (especially if what you say about no windows is true) with all the bells and whistles. Usually a complete inspection of the entire building takes place under the presumption that the LL has not confined his lawbreaking to just one space. Portable washing machines and the like should be disconnected and hidden, Even loft beds are subject to violation. So be prepared.
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