No Windows in apt#1?
Started by apags_1050581
almost 3 years ago
Posts: 4
Member since: May 2009
Discussion about 116 West 22nd Street #1
There are no windows in this apartment. How is this even legal?
Well, the doors to the outside in the LR and upstairs BR are legit. The lower level certainly isn't a legit bedroom though (and in all fairness, the broker doesn't say it is). Not seeing a problem...
I own something sort of like this - it's a 1st floor and cellar duplex. Legally this would be considered a 1 bedroom, though functionally many will use the recreation room as a 2nd bedroom. When I recently sold an apartment like this- I did represent it as a legal 1 bed, though functionally I told buyers that most would likely use the apartment as a 2 bed, 2 bath. When it came to pricing, it did require a bit of extra work, figuring out what the 1st floor space is worth, and then separately figuring out what the cellar space should be discounted to the 1st floor.
I agree with Aaron2. Those glass doors count. If you look at this Multiple Dwelling Light and Air reg on ?3? occasions they talk about light and ventilation from "windows or doors."
https://www.nysenate.gov/legislation/laws/MDW/30
This is legal. Occupiable space must be within 30 feet of operable fenestration and both living rooms on the first floor are max 20 feet deep. (Windows in kitchens and baths are not required if mechanical ventilation is provided.)
The full bath in the cellar is a problem however.
The apartment is listed as a 2BR which it is not. What is the problem with the bathroom in the cellar? Risk of sewer backup?
Bathroom in the cellar is illegal as per DOB Code. I believe the main reason is to discourage the use of lower floor for sleeping and possibly as a separate illegal apartment. Sewer may need a "lifting station" depending on the elevation of the building sewer connection.
https://www.saniflo.com/us/15-installing-a-lift-station
This isn't exactly on point because it's for 1 and 2-family buildings:
https://violationremoval.net/code-zoning/bathroom-cellar-violation#:~:text=Section%2012%2D10%20of%20the,not%20considered%20a%20habitable%20room.
That's because its a housing maintenance code prohibition not a zoning prohibition.
See HMC §27–2063 Location of water closets
Where is it located? Is it any where in the California...