Basement and cellar apartments in New York City pose a unique challenge for city officials. The number of tenants living in these units is unclear, but it is estimated to be tens of thousands to hundreds of thousands of New Yorkers. Basement units, however, are illegal, because of the inherent risks to tenants during fires or floods, yet as New York City finds itself in the midst of a major housing crisis, basement units will continue to be an option. The unfortunate reality is that New York City simply lacks enough safe and affordable housing.
As climate change continues to increase the severity of weather events, the importance of keeping New York residents safe becomes even more pressing, even as the city is wary of placing a burden on homeowners to make their buildings compliant. In 2021, Hurricane Ida caused significant damage as a post-tropical cyclone, dumping 8 inches of rain and killing 11 people in flooded basement apartments. In that storm, residents of basement apartments had little to no warning about the flood waters that entered their apartments. Hundreds of residents were also displaced due to flooding, and homeowners struggled to repair their homes.
In response to the problems caused by climate change and the housing crisis, NYC officials have proposed new rules for basement units last week. Legalization of basements apartments and other initiatives to improve safety have long been in the works, albeit without success. As Annetta Seecharran, the executive director of Chhaya Community Development Corporation, a nonprofit focused on housing and economic justice for South Asian and Indo-Caribbean communities, explains: “If the city inspects a property with an unauthorized basement or cellar unit, the homeowner could face $10,000 to $30,000 in fines, and the tenant could be evicted. The city’s current enforcement regime exacerbates both homelessness and the housing shortage in the city.”
Still, the city seeks to create a system that promotes safety, protects homeowners, and generates affordable housing. The proposed rules for “ancillary dwelling units” would prohibit basement and cellar apartments in flood-prone areas, and require owners to live in the buildings where the apartments are located. Cellar units would be obligated to have two exits and an automatic sprinkler system. Yards or any other adjacent open spaces must also be at least 6 inches lower than any window sills in units. Basement units are defined as dwellings more than halfway above curb level and cellar units as dwellings that are more than halfway below curb level.
The city’s Department of Buildings and Department of Housing Prevention and Development issued a joint statement on the matter, with Deputy Mayor for Operations Jeff Roth stating, “Our city’s affordability and safety must be our north star; legalizing and making ancillary units safe does both.” The critical need for safer living arrangements and more affordable housing options goes hand in hand, especially since climate change events disproportionately affect those who require affordable housing. The city’s new regulations aim to work towards these needs, with the Department of Buildings scheduled to hold a public hearing on the new rules on August 18.
