Currently, activists and residents in New York are fighting to legalize illegal basement apartments in New York. A current bill in the state senate, S2276A, sponsored by Senator Brian Kavanagh and endorsed by Gov. Kathy Hochul would create initiatives to legalize dwelling in specific basements and cellars. This bill would amend the Multiple Dwelling Law and the Private Housing Finance Law and reduce the requirements for legal housing in NY.
The argument that groups like Basement Apartments Safe for Everyone (BASE) are campaigning on is that basements and cellars would solve the housing crisis in the city. BASE has also advocated that legalizing basements would make it easier to track them, and therefore make them safer. Activists are calling for safety measures like mandatory smoke and carbon monoxide detectors, backwater protection valves, and building standards like minimum celling heights. These provisions were supposed to be included in the state’s spending plan which was due on April 1st, 2023. However, last minute revisions proposed by Gov. Kathy Hochul and the state legislature means that the future of basement dwelling in NY is unclear.
The biggest takeaway from this situation is that there is a major housing shortage and income crisis in NY. One activist said “basements are not the best places to live, but some families don’t have a choice. The rent in a basement is usually lower and that’s why some of us risk ourselves living in a basement.” Rent keeps rising and houses are getting smaller. The average 1 bedroom in NY is 4,000$, which is a 4% increase from 2022. Rising rent has forced low-income families to either move into illegal basements or find public housing. Moreover, the value of NY apartments is declining, while costing more than ever, as the city can’t keep up with much needed building repairs and improvements.
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