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Old 05-15-2009, 03:12 PM
 
341 posts, read 452,558 times
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What makes them illegal? I have googled this and seen that a cellar is more than 50% under ground level...this I understand. A basement can be 50% or more above.

Now, what about these split level houses that are street level to the rear parking of the house, but about 50% under ground level....like converted garages. Can everyone visualize that or should I inc. a pic?

I haven't read that those are illegal. Also...WHY does NYC make a basement or, in our case, lower level apartment illegal? If a family wants to have another family member living in their street-level garage/basement apartment, why is that an issue? I constantly hear of people being fined outrageous fines and being evicted...or having to tear apart their restroom.

I know some say it's dangerous..but honestly, it's not for the mostpart and it doesn't harm anyone.
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Old 05-15-2009, 03:13 PM
 
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They're usually illegal because there are insufficients modes of egress.
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Old 05-15-2009, 03:17 PM
 
341 posts, read 452,558 times
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Ah, I see. But many apt's such as these still have at least 2 windows and a door. Most houses only have one way to get out...the door...because of the iron gates over the windows.

I still never saw how any of this is the city's business or how it affects them I guess.
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Old 05-15-2009, 03:18 PM
 
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Windows do NOT count as modes of egress!

It's a matter of public safety.
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Old 05-15-2009, 03:20 PM
 
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I know but I mean, the doors are the only way to get out in a lot of houses. I understand the public saftey perspective..but I don't agree with the city. I think people are able to make their own decisions for themsleves and it's fine if it doesn't hurt anyone else..


Btw..I still don't know if my apt. is illegal then? From what I read...it isn't...*sigh* who knows?
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Old 05-15-2009, 03:21 PM
 
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If it's legal as a residence, the landlord should have a certificate of occupancy, issued by the department of buildings.
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Old 05-15-2009, 04:31 PM
 
34,097 posts, read 47,302,110 times
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Quote:
Originally Posted by nyc3 View Post
Ah, I see. But many apt's such as these still have at least 2 windows and a door. Most houses only have one way to get out...the door...because of the iron gates over the windows.

I still never saw how any of this is the city's business or how it affects them I guess.
cellar apartments are not considered habitable because if the ceiling height is 50% or less above grade (curb level), then the space cannot be properly ventilated or lit naturally. this actually comes from the multiple dwelling law written in 1913 in an effort to enhance the living conditions of New Yorkers. at the time, most lived in tenements that were sub-par living conditions.
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Old 05-16-2009, 11:33 AM
 
341 posts, read 452,558 times
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Well if you ask me...it's just another way the city gets to Moderator cut: language our money.

Last edited by Green Irish Eyes; 05-16-2009 at 12:50 PM.. Reason: Inappropriate language
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Old 05-16-2009, 12:59 PM
 
58 posts, read 254,584 times
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Quote:
Originally Posted by nyc3 View Post
Ah, I see. But many apt's such as these still have at least 2 windows and a door. Most houses only have one way to get out...the door...because of the iron gates over the windows.

I still never saw how any of this is the city's business or how it affects them I guess.
Its strange. I just got nailed for an illegal cellar apt, the inspector wrote on the report that it was a hazardous apt because of the means of egress.There are 2 additional exits out of the apartment, a door that leads to an enclosed court and a door that leads to the back yard. You cant get to the street from the back yard or court (its a mutliple dwelling block) but in my other 4 legal apts if the main door out of those apts were to be blocked by a fire my tenants would have to jump out of windows(and in two of the apts the windows lead to teh back yard so they too cant get to the street). This is "sufficient" to the city, but a door leading directly to the back yard is not.

Give me the choice of jumping out of a two story window or taking a back yard door and ill take the back yard door, hop a few yards and ill get to the street. But that's just me.

Now I am not saying my apt should be legal. I understand the ceiling height/air/ventilation issues, but the egress thing baffles me. Maybe it has something to do with making it more difficult for the FDNY having to do a rescue.

Last edited by Lou82; 05-16-2009 at 01:23 PM..
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Old 05-16-2009, 02:17 PM
 
Location: NYC
304 posts, read 1,304,184 times
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Quote:
Originally Posted by nyc3 View Post
I know but I mean, the doors are the only way to get out in a lot of houses. I understand the public saftey perspective..but I don't agree with the city. I think people are able to make their own decisions for themsleves and it's fine if it doesn't hurt anyone else..
"Their own decisons" aren't always well-informed, and they _can_ hurt people, including tenants/occupants who are clueless re: risks, but are trapped in fire, overcome by CO2, or buried under lousy construction.
That doesn't include neighbors' damages, injuries, and loss of use; possible gas explosion; rescue/emergency costs and personnel injuries, et al.
That's why NYC requires a Certif. of Occupancy: to insure that use is permissable to begin with, and that construction or alteration meets use standards.
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