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Old 05-21-2013, 07:46 AM
 
4 posts, read 13,453 times
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I am currently living in a basement apartment in ronkonkoma. Was not aware of all of the laws around these, but long story short someone reported the landlord for it. What is likely to happen? The landlord said she would like to get it to code but the inspector also told me that basement apartments are not allowed period. Will i be forced to move? The landlord did not take rent from me this month for my inconvenience.. but I would honestly rather pay the rent and not move if she could get it to code.

If this cannot be done, what are my rights? How long do I have? I just moved in two months ago, its super close to everything i need and honestly just about all i can afford. Any insight would be appreciated. I have done some searching on the issue but i could use some more clarification on my specifics. Thanks!
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Old 05-21-2013, 08:03 AM
 
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I'm definitely no expert, but having lived in a basement apartment in the past, I've heard some things. As I understand it, at least for Nassau County, no basement apartments are legal. If the apartment is below grade, it's illegal no matter what - there are no codes to adhere to or permits to obtain to make it otherwise. If it's above grade, different rules apply and I imagine the landlord would need certain permits to make it a "mother-daughter" kind of space.

For your situation, your apartment (as far as I know) will be illegal no matter what. However, I don't know of many communities on LI where this is taken very seriously. Are there many renters of basement apartments in your area?
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Old 05-21-2013, 08:23 AM
 
Location: under the beautiful Carolina blue
22,668 posts, read 36,787,758 times
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Basement apartments are not legal - save your rent for your next security deposit and get ready to move.

As to whether it's taken seriously or not, obviously a neighbor was annoyed enough to report the situation and an inspector has already been out. They can and will force removal of kitchen/bath etc. Kind of hard for the renter to ignore that.
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Old 05-21-2013, 08:28 AM
 
238 posts, read 1,957,608 times
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Quote:
Originally Posted by twingles View Post
They can and will force removal of kitchen/bath etc. Kind of hard for the renter to ignore that.
The only thing they'd "force removal" of is the oven. Without that, it's not considered a true kitchen. Assuming the landlord has a CO for the bathroom, nothing else would need to be touched. Obviously, the space would still be illegal to rent out as an apartment, but nothing besides the oven/stove would need to go.
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Old 05-21-2013, 08:52 AM
 
783 posts, read 1,423,041 times
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Quote:
Originally Posted by matttrick View Post
I am currently living in a basement apartment in ronkonkoma. Was not aware of all of the laws around these, but long story short someone reported the landlord for it. What is likely to happen? The landlord said she would like to get it to code but the inspector also told me that basement apartments are not allowed period. Will i be forced to move? The landlord did not take rent from me this month for my inconvenience.. but I would honestly rather pay the rent and not move if she could get it to code.

If this cannot be done, what are my rights? How long do I have? I just moved in two months ago, its super close to everything i need and honestly just about all i can afford. Any insight would be appreciated. I have done some searching on the issue but i could use some more clarification on my specifics. Thanks!
Yes, you will be forced to move out if you refuse. The eviction process takes about 2 months. Looks like the landlord is trying to work with you by not collecting this month's rent. Avoid the drama and look for another place.
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Old 05-21-2013, 09:22 AM
 
4 posts, read 13,453 times
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Interesting comments. To note, the inspector was by about a downed fence and the landlord has a pool (irresponsible i know). I guess they annoyed the inspector so he was looking to stick it to her and he saw me coming home from work. I guess I will be expecting the worst at this point.

There are thousands of these type of apartments in the area here. A normal apartment is somewhere around 25% more expensive and just not something i can afford. I work full time and have to stay late often, as well as having my son every other weekend. Makes it tough to find part time work just to live.

I understand the safety concerns but even the inspector told me he thinks they need to make these apartments legal and just make sure they meet codes. He was very nice to me, as I told him i understood he was just doing his job. Still, this is quite an inconvenience. I have heard of people getting relocation costs from the landlord. Not that I am looking to stick it to anyone, but I did just pay to move here and it is quite a problem to do so again two months later.
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Old 05-21-2013, 08:47 PM
 
Location: Charlotte Metro Area
2,186 posts, read 4,183,540 times
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Quote:
Originally Posted by matttrick View Post
If this cannot be done, what are my rights?!
It's an illegal apartment. You have no rights.
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Old 05-21-2013, 11:12 PM
GPC
 
1,308 posts, read 3,412,734 times
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Quote:
Originally Posted by matttrick View Post
I understand the safety concerns but even the inspector told me he thinks they need to make these apartments legal and just make sure they meet codes. He was very nice to me, as I told him i understood he was just doing his job. Still, this is quite an inconvenience. I have heard of people getting relocation costs from the landlord. Not that I am looking to stick it to anyone, but I did just pay to move here and it is quite a problem to do so again two months later.
If it's true that the inspector made that comment, then he's ignorant. There's a reason a house is classified as a 'legal one-family dwelling'. Basement apartments lead to safety issues, not enough parking on the block, school overcrowding, more garbage to be picked up, too much demand on the electrical system, etc. You're not entitled to any relocation costs from the homeowner. You need to move and rent a legal apartment the next time around.
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Old 05-22-2013, 07:56 AM
 
4 posts, read 13,453 times
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Quote:
Originally Posted by Ex-LI View Post
It's an illegal apartment. You have no rights.
well i know you are wrong there. i have rights as a tenant according to the town regardless of the legal status of the apartment. i cant be kicked out without due process, cant have utilities shut off on me etc. you're talking out of your rear on that one.
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Old 05-22-2013, 07:57 AM
 
4 posts, read 13,453 times
Reputation: 10
Quote:
Originally Posted by GPC View Post
If it's true that the inspector made that comment, then he's ignorant. There's a reason a house is classified as a 'legal one-family dwelling'. Basement apartments lead to safety issues, not enough parking on the block, school overcrowding, more garbage to be picked up, too much demand on the electrical system, etc. You're not entitled to any relocation costs from the homeowner. You need to move and rent a legal apartment the next time around.
ive spoken to people in other jurisdictions who got relocation costs... id like some actual info on what the laws are in the town of islip as opposed to your opinion.
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