2023 New York Laws › MDW - Multiple Dwelling › Article 7-D - Legalization and Conversion of Basement and Cellar Dwelling Units › 289 - Basement and Cellar Local Laws and Regulations.

§   289.   Basement   and   cellar  local  laws  and  regulations.  1.
Notwithstanding any other provision of this chapter to the contrary,  in
a  city  with a population of one million or more, the local legislative
body may, by local law, establish a pilot program to  address,  (a)  the
legalization   of   specified  inhabited  basement  dwelling  units  and
inhabited cellar dwelling units in existence prior to the effective date
of this article through conversion to legal dwelling units, or  (b)  the
conversion  of  other  specified  basement  and cellar dwelling units in
existence prior to the effective date of this article to legal  dwelling
units,  provided  that  any  such  other  specified  basement and cellar
dwelling unit in existence prior to the effective date of  this  article
is  located  in  any of the community districts specified in subdivision
four of this section. The local law authorized by this section, and  any
rules  or  regulations  promulgated  thereunder,  shall be protective of
health and safety according to  standards  established  in  consultation
with  the  fire  department  of  the  city  of  New  York, department of
buildings, and office of  emergency  management.  The  local  law  shall
further  provide  that any application to legalize or convert a basement
or cellar dwelling unit to a legal dwelling unit located within a  flood
hazard  area  as defined in section two hundred two of the city building
code shall be subject to additional health and safety standards.
The local law authorized by this section, and any rules or regulations
promulgated thereunder, shall not be subject  to  environmental  review,
including  environmental  review  conducted pursuant to article eight of
the environmental conservation law and any state and  local  regulations
promulgated thereunder.
2.  (a) The pilot program established by such local law may provide to
an owner accepted into the program who converts  an  inhabited  basement
dwelling  unit  or  inhabited  cellar dwelling unit in accordance with a
local law authorized by this article or who otherwise abates the illegal
occupancy of an inhabited basement dwelling  unit  or  inhabited  cellar
dwelling  unit,  (i) freedom from any civil or administrative liability,
citations, fines, penalties, judgments or any other determinations of or
prosecution for civil violations of this chapter,  other  state  law  or
local  law  or  rules,  and the zoning resolution of such city, and (ii)
relief from any outstanding civil judgments issued  in  connection  with
any  such  violation  of  such  laws,  rules or zoning resolution issued
before the effective date of this article.
(b) Provided, however, that the provisions of  subparagraphs  (i)  and
(ii) of paragraph (a) of this subdivision shall only apply to violations
of  such  laws,  rules,  or zoning resolution that rendered an inhabited
basement dwelling unit or an  inhabited  cellar  dwelling  unit  illegal
before  the  effective date of this article and the conduct constituting
such violation would not violate the local law adopted pursuant to  this
article.
(c)  Provided,  further  that  such  local  law shall require that all
applications for conversions be filed by a date  certain  subsequent  to
the  effective  date  of this article, provided that such date shall not
exceed five years after the effective date of this article.
3. Such local law may provide that any provision of this chapter shall
not be applicable to provide  for  the  alterations  necessary  for  the
conversion  of a specified inhabited basement dwelling unit or inhabited
cellar dwelling unit or other specified basement or cellar dwelling unit
in existence prior to the effective date into a  lawful  dwelling  unit.
Any  amendment  of the zoning resolution necessary to enact such program
shall be subject to a public hearing at the planning commission of  such
city,  and  approval by such commission and the legislative body of such
local  government,  provided,  however,  that  it  shall   not   require

environmental  review, including environmental review conducted pursuant
to article eight of the environmental conservation law and any state and
local regulations promulgated thereunder, or  any  additional  land  use
review.
4.  The  program  established  by a local law enacted pursuant to this
section shall be applicable only within community districts selected  by
the  local  legislative  body  from  the following list: Bronx Community
District nine; Bronx Community District ten;  Bronx  Community  District
eleven;  Bronx  Community  District  twelve; Brooklyn Community District
four; Brooklyn  Community  District  ten;  Brooklyn  Community  District
eleven;  Brooklyn  Community  District  seventeen;  Manhattan  Community
District two; Manhattan Community District  three;  Manhattan  Community
District  nine;  Manhattan  Community  District ten; Manhattan Community
District  eleven;  Manhattan  Community  District  twelve;  and   Queens
Community  District  two.  Prior  to  the  adoption  of  the  local  law
authorized by this section, but no later  than  ninety  days  after  the
effective  date  of  this  article,  the  community board of a community
district named in this subdivision may adopt and submit to  the  speaker
of  the  city  council  a  resolution  in  support  or opposition of the
inclusion of the community district in the program  established  by  the
local law authorized by this article.