Helpful Information

RESOLVING AN ILLEGAL CONVERSION VIOLATION

The creation of one or more illegal housing units without authorization from the Department of Buildings is a serious offense of the New York City Building Code. Illegal conversions reduce the quality of life in neighborhoods by enabling more people to live in an area than was originally intended. Unplanned growth causes a severe strain on local public services that results in the overcrowding of schools, public transportation and sewer and sanitation systems. It also creates parking problems.

The most serious aspect of this illegal construction is that often it creates substandard, potentially dangerous housing. This can, and has, led to tragic results. The Department of Buildings Quality of Life Task Force investigates complaints of illegal housing. This notice describes what to do if you receive a violation(s) for an illegal conversion.

WHAT IS AN ILLEGAL CONVERSION?

An illegal conversion is the creation of a housing unit(s) without first receiving the approval of, and permits from, the New York City Department of Buildings. Often, it involves the alteration or modification of an existing one- or two-family home by adding an apartment in the basement or attic. Sometimes, an illegal rooming house has been created in a building that was intended to be a one-family house.

WHY IS THIS ILLEGAL?

Some of this housing is illegal because it violates the zoning regulations for the area. In other circumstances, the house itself was not constructed for the current use, and cannot safely accommodate all the people in residence.

WHAT ARE THE CIVIL PENALTIES FOR EACH VIOLATION?

The penalty for a first offense violation ranges from $250 – $2,500 (You are also subject to a $50 per day penalty for each illegal unit for a maximum of 45 days). At the hearing, the judge reviews all the evidence, adjudicates the case and may impose civil penalties. Failure to attend the hearing (defaulting) automatically results in the maximum penalty.

WHEN MUST THE VIOLATING CONDITION BE CORRECTED?

Steps to correct the illegal condition must be taken immediately, upon receipt of the violation. Failure to correct the condition will result in continuing per day penalties.

HOW DOES THE VIOLATION GET RESOLVED?

Payment of a fine is not enough to get a violation resolved. You also must show that the violating condition is fixed. YOU MUST SUBMIT PROOF OF CORRECTION. PHOTOS AND MASTER PLUMBER’S BILLS.

Illegal Conversion Violations May Be Corrected in One of Two Ways

1. Remove the illegal condition. The altered spaces must be restored to their prior use or layout. This may require the removal of partitions, plumbing fixtures, gas lines and entrances. All tenants in the illegal units must leave. A Master Plumber must be contracted to cap and remove gas, water and waste lines and fixtures.
2. If possible, legalize the additional housing unit(s) by following the guidelines below and obtaining a new Certificate of Occupancy (C of O) from the Department of Buildings. The C of O is a document that describes what the City law says your building is, for example, a one-family home, a two-family home or a 10-story apartment building.

Legalizing Additional Housing Units

First, it must be determined if your property is zoned for multiple housing units or apartments. Some areas are not. In that case, the extra housing unit(s) cannot be made legal under any circumstances. The building’s structure is also important. Because of fire safety concerns, a wood frame house cannot be converted to multiple housing units. IF YOU CANNOT LEGALIZE THE OFFENDING CONDITION, YOU MUST STOP THE IMPROPER USE AND RESTORE THE PREMISES TO ITS PRIOR LEGAL LAYOUT.

If the zoning is okay, then you must hire a New York State-licensed registered architect (R.A.) or professional engineer (P.E.) to prepare design drawings and submit an alteration application to the Department of Buildings on your behalf. There is a filing fee, based on the scope of the work. There is also a penalty for legalization — on a one or two family home; it is two times the cost of the filing fee. After the Department approves the application, you obtain a permit to legalize the existing conditions. If plumbing or electrical work was done, you must hire a NYC-licensed Master Plumber and/or electrician to verify that the work meets the standards of the Building Code. You then can request that the Department issue a new Certificate of Occupancy (C of O). Department inspectors will check your building to make certain that it conforms to the plans submitted by your architect or engineer. If it does, the Department will issue a new Certificate of Occupancy describing the present status and legal use of the building.

The problem of illegal apartment conversions is a persistent and pervasive one that places many of our residents in danger and puts tremendous strains on community resources. Part of the reason for the proliferation of illegal apartments is that many homeowners and their tenants do not know what constitutes an illegal dwelling or how to seek remedies

Basements and cellars are very different. A basement is a story partly below curb level but having at least one-half of its height above the curb level. A cellar is an enclosed space having more than one-half of its height below curb level. Basements and cellars of multiple dwellings may not be occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the New York City Department of Buildings.

Cellars in private dwellings can NEVER be lawfully rented or occupied. (A secondary kitchen for accessory cooking may be located in the cellar so long as approval from the Department of Buildings is obtained prior to the installation of such kitchen.) Basements in private dwellings can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings. (Since the rental of a basement in a two-family dwelling would result in a conversion from a private dwelling to a multiple dwelling, basements of two-family dwellings may not be rented unless the entire building is in compliance with the New York State Multiple Dwelling Law.)

Owners with illegally converted basements and cellars may face civil and criminal penalties. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation and inadequate egress in the event of a fire. Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment.

The key document used to certify the legal use and occupancy of a building is called the “Certificate of Occupancy” (C of O). The document is issued by the Department of Buildings and describes how a building may be occupied, for example, a two-family home, a parking lot, a 40-unit multiple dwelling, or a store. A C of O is often required when selling a home or refinancing a mortgage.

If planned construction is creating a new building, or will result in a change of use, egress, or occupancy to an existing building, a new or amended Certificate of Occupancy is necessary. Usually, the contractor’s or owner’s representative contacts the Department to arrange for its inspectors to perform the necessary construction, plumbing, electrical, and elevator inspections.

The Certificate of Occupancy will be issued when the completed work complies with the submitted plans and applicable laws, all paperwork is completed, all necessary approvals have been obtained from other appropriate City agencies, all fees owed to the Department are paid, and all relevant violations are resolved. A new building cannot be legally occupied until a Certificate of Occupancy has been issued.

The most common type of violation issued by the Department of Buildings is called an ECB Notice of Violation because it can result in a hearing at the Environmental Control Board (ECB), which is an administrative court. The ECB Notice of Violation contains a notice that a property does not comply with applicable provisions of law. It also contains an order to correct the violating condition and to certify correction at the Department of Buildings.

Another type of violation issued by the Department of Buildings is called a Buildings “DOB” Violation. A Buildings “DOB” Violation is a notice that a property is not in compliance with some provision of applicable law and includes an order from the Commissioner of the Department of Buildings to correct the violating condition. The violation is entered against the property in the Buildings Information System, and must be corrected before a new or amended Certificate of Occupancy (CO) can be obtained. Although there is no fine or penalty attached to the violation notice itself, it can be used as the basis for a Criminal Court summons and prosecution, which may result in the imposition of a fine and/or imprisonment.

A DOB violation may impair the sale or refinancing of a property, because a title search will show it against the property. In order to remove the violation from the property’s record, you must correct the condition and provide proof of that correction to the Department of Buildings before the violation is removed from the property’s record.

The respondent is the person named in the violation. The respondent must attend the hearing at the ECB in order to contest (raise a defense against) the violation, unless the violation notice indicates that the cure or stipulation options are available. The respondent is always responsible for submitting proof that the violating condition was corrected by submitting a Certificate of Correction.

To certify that you have corrected the violating condition(s) described in the ECB Notice of Violation, a Certificate of Correction form and related documents must be filed with the Department’s Administrative Enforcement Unit, which must also approve it. If the Department accepts the proof, the property’s record in BIS will show that the violation was corrected. A violation that is not dismissed by ECB will continue to appear as “open” on the Department of Buildings records until acceptable proof is submitted that the violating condition has been corrected even if the penalty imposed at ECB has been paid. An ECB Notice of Violation may impair the sale or refinancing of a property, because a title search will show it against the property.

Violation Types:

• Basement Violations
• Work Without Permit
• Quality of Life Violations
• Unsafe Building
• Illegal Occupancy
• Illegal Conversion
• Stop Work Orders
• Lead Paint Violations
• ECB, DOB, DOH, DOT, DEP & HPD Violations