Basement Apartments Get Hammered Yet Again In The Big Apple
Once again, flooding has paralyzed New York City, highlighting the issue of basement and cellar apartments, and housing advocates are criticizing lawmakers for their failure to legalize these dwellings. This flooding comes two years after Hurricane Ida devastated parts of Queens, resulting in the deaths of several residents who drowned in their basement apartments. However, state legislation aimed at preventing such tragedies remains stalled in Albany, despite calls for action.
Currently, under existing law, basement apartments (partially above ground) are legal, but many are not up to code due to financial constraints on homeowners. Cellar apartments (entirely underground) are entirely illegal. These types of apartments are often occupied by low-income people of color who have limited affordable housing options. Housing advocates have been pushing for their legalization for at least 15 years to create safer and more affordable housing, but have yet to achieve success.
While housing advocates express disappointment that the legislation has not passed, they have observed increased momentum and attention on the issue since Hurricane Ida struck. Sylvia Morse, the policy program manager at the Pratt Center for Community Development, and a member of the Basement Apartments Safe for Everyone coalition, stated, “The fact that there has been legislation that’s been supported by this mayoral administration and the governor during the past two state legislative sessions is a sign that people are taking this issue seriously, and it is certainly closer than it’s been.” She emphasized the importance of legislators recognizing the current situation as an emergency, even if the worst-case scenario is avoided.
The legalization of basement and cellar apartments has faced opposition from some vocal state lawmakers, particularly from Queens, where these units are prevalent, and where the drowning deaths occurred in 2021. Critics argue that these units are dangerous, and legalization would lead to even more unsafe conditions. Morse characterized these opponents as “a small number of loud people” and stressed the need for continued education to advance the legislation.
Morse noted that people are already living in these dangerous and substandard apartments, even though they are technically illegal. She argued that maintaining the status quo would only perpetuate unsafe living conditions and emphasized that legalization would establish minimum standards for these apartments, including requirements for light, air, and egress. Additionally, it would create a program allowing homeowners and tenants to apply to make these homes safe.
Governor Kathy Hochul initially proposed a housing plan, including the legalization of basement apartments, as a central part of her policy agenda for the most recent legislative session. However, the plan faced significant resistance, particularly from suburban lawmakers opposed to growth mandates, and no compromise was reached before the legislative session ended. Consequently, no major housing policy, including the legalization of basement dwellings, was approved.
Towards the end of the legislative session, there were discussions among lawmakers and legislative leaders about introducing their own package of housing bills. Nevertheless, Assembly Housing Committee Chair Linda Rosenthal downplayed the inclusion of the bill legalizing certain basement and cellar apartments in this package.
Post Comment