Duplex apt w/ basement- legal?

You are correct. The code forbids a bedroom without windows. That is why bedroom sized rooms without windows are often referred to in listings as home office spaces.

What is your question? Are you worried if you rent this place to a tenant could they break their lease on a random day because the basement is not a legal bedroom?

Units like this are veery common and often give you the ability to get a lot of space at a bit of a discount. Usually you only run into problems if you try and put in a bathroom in the basement. But as Cons asks: what is the issue?

it's illegal to have bedrooms without a window big enough to be considered an "escape" window. so while the apartment could be legal, the bedrooms are not. this is the reason why those areas are considered rec rooms.

So then if there's a fire you just die a little faster ... what's the big deal? I'm sure rentaltyro isn't so arrogant as to place much value on his life.

"We're waiting."

- Judge Elihu Smails

Its only illegal if the LL advertises it as such. The tenant can sleep in the bathtub if s/he wants.

I WILL warn you though, that basement units are FULL of problems. Flooding during minor rain storms, many more vermin, heat/cold issues...there is a reason they rent at a discount.

As a "bedroom" its illegal, as a "rec room" it is legal. What does the CofO say?

On the CofO it'd be called "accessory use", with a note like "Cellar not to be used for sleeping or living purposes."

What people use them for is another story. Since this is a one-bedroom, rentaltyro may be planning to sleep down there herself, rather than forcing a child to.

I'm worried that the reason it's priced reasonably well for SoHo and the current tenant is in a hurry to break the lease, there's a good chance I'll be renting where it's illegal and ventilation will be an issue.

There is a bathroom in the basement (no shower though). CofO says the building allows two duplexes-- of which I know the building has excluding the one I'm currently looking at. Thank you everyone.

To alanhart: fair enough but I do kind of place a higher value on my husband's life.

rentaltyro
22 minutes ago
Posts: 3
Member since: Oct 2009
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I'm worried that the reason it's priced reasonably well for SoHo and the current tenant is in a hurry to break the lease, there's a good chance I'll be renting where it's illegal and ventilation will be an issue.

There is a bathroom in the basement (no shower though). CofO says the building allows two duplexes-- of which I know the building has excluding the one I'm currently looking at. Thank you everyone.

Don't be such a fucking pussy. Are you sure you are cut out for urban living? It's a below grade room, use it or don't.

Jim has a below grade "wife".

greensdale
1 minute ago
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Member since: Sep 2012
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Jim has a below grade "wife".

weak faggot. try harder. 9 minutes went by from my last post stalker. you're slipping.

where are your friends?

Jim's daughter was born in the illegal below grade apartment.

I'm sure jim_nocojones's apartment is below-grade even if it isn't below grade.

Why can the current tenant break his lease?

You're right, he can't, which is why they're looking for a replacement. I gather though he's not too thrilled about the place so given that my main concern is dealing with the hassle of moving only to find out the current tenant is actually suing the landlord, at which point, should the tenant win, I assume I'll have to move out.

If there is no valid certificate of occupancy the lease is void
and unenforceable

>If there is no valid certificate of occupancy the lease is void
and unenforceable

Are you still talking about Jim Hores' immigration fraud / free maid services & produce 1 baby arrangement with his "wife"?

Just so you know, you also can't escape out the window of a 30th floor high rise in the event of fire.

>you also can't escape out the window of a 30th floor high rise in the event of fire.

You hear that Jim Hores? If you want to keep your "wife" beyond her contracted servitude date, you might consider moving up to the 30th floor.

How can he sue the landlord?

small claims court for housing violations?