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As discussions intensify around the state budget, advocates are pressuring Governor Kathy Hochul to address a subtle yet significant distinction regarding the difference between a basement and a cellar. The movement, led by the Basement Apartments Safe for Everyone (BASE) coalition, argues that standardizing safety requirements could not only protect current tenants from city evacuation orders but also increase the city’s housing supply via conversion. Both Governor Hochul and Mayor Eric Adams have publicly supported the notion. During a state budget hearing, Mayor Adams emphasized that, if implemented safely, legalization could play a critical role in addressing the city’s housing crisis.However, while Governor Hochul’s budget proposal in February opened the door to basement apartment legalization, it notably omitted any mention of cellars, diverging from legislation sponsored by Senate Housing Committee Chair Brian Kavanagh and Manhattan Assemblymember Harvey Epstein, which includes provisions for both basements and cellars.
But is there even a difference between the two words? Yes, in New York City, the terms ‘basement’ and ‘cellar’ are distinct in legal terms; a basement is defined as having at least half of its height above curb level, while a cellar has more than half of its height below. This distinction is crucial because it influences which spaces can be legally converted into living areas. Howard Slatkin, former deputy at the New York City Department of City Planning, argued for that “we’d like to see the council expand relief for existing basement and cellar units beyond the state pilot programs, 15 community districts within the limits of the city’s authority.”
Advocates for legalization argue that the stringent requirements of the state’s Multiple Dwelling Law currently render most basement and cellar conversions financially restrictive, especially for homeowners who might benefit from additional rental income. This was highlighted during a 2019 pilot program in East New York, Brooklyn, where the cost estimates for legalizing these spaces often approached $1 million, primarily due to compliance costs. Leaving cellars out of the legalization push could undermine efforts to increase affordable housing stock, as demonstrated by findings from the Cypress Hills Local Development Corporation and Pratt Center, which identified that cellars and basements are both equally important for potential conversion sites in East New York.
Mayor Adams’ administration has expressed a desire for the authority to regulate cellar apartments safely, similar to basements. However, the governor’s office has remained silent on the exclusion of cellars in this year’s budget proposal, with negotiations set to continue until the April 1 deadline. Amidst these discussions, the BASE coalition is advocating for legal protections for homeowners who upgrade their basement and cellar units, alongside essential tenant protections, arguing that the benefits of legalization outweigh the potential downsides. While there are critics who argue for safety concerns, many advocates are pushing for comprehensive safety measures like carbon monoxide detectors and flood protection to ensure the living conditions are both safe and legal.
As New York faces a critical housing shortage, the ongoing state budget discussions offer a unique and captivating opportunity to address this issue . By aligning the city’s definitions with practical housing solutions, both basements and cellars can stabilize living conditions for thousands but also serve as a model for urban innovations. As the April 1 deadline approaches, it is crucial that both the state and city officials heed the calls of the BASE coalition and advocates, making sure that every potential living space is used to its fullest (safely and legally, of course).
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If basement and cellar apartments can be made safe, legalizing them is a no-brainer. NYC desperately needs more housing. I remember the past articles I’ve read on this website talk about parking so we’re giving up parking space. Clearly we need more housing space
yeah but I’m confused on why leaving out cellars from the bill is a thing. If basements can be made safe, why not cellars?
Cellars and basements shouldn’t be treated the same. Basements at least have windows. Cellars can be dangerous.
It’s wild that the legal difference between a basement and a cellar could determine whether thousands of people have a place to live.
wait why is Hochul leaving cellars out of the conversation? If they can be made safe, there’s no reason to exclude them, or at least not that I can think of
“The housing crisis is bad enough, so why exactly are we making it harder for homeowners to provide legal, safe rental units?
Because safety should come first. Not all basements and cellars can be converted without serious risks
fully with Christopher on this one. I get the housing crisis, but living in a cellar seems like a disaster waiting to happen. Safety needs to come first.
“The cost estimates for basement legalization are insane. No one can afford a $1 million conversion. The city needs to make this financially feasible
BASE is right by evacuating tenants from basement apartments without providing alternatives just makes homelessness worse
So Mayor Adams supports legalizing basement apartments, but Hochul doesn’t want to touch cellars? Why the hesitation?
Probably liability. If something goes wrong in a cellar unit, the state doesn’t want to be responsible
That’s why the state should make an effort for cellar to be safe. If homeowners could legally rent out their basements and cellars, it would help both them and renters. Win-win
Could there be the possibility of East New York’s pilot program showing how expensive this process is because without state funding, it won’t actually create more housing
There’s a real risk of making housing more expensive if legalization costs are too high.
Howard Slatkin is right in the sense that expanding these programs citywide is the best way to create more housing without major new construction
Why does everything cost a million dollars in NYC? A $1M legalization process is absurd. The city needs to make this affordable for homeowners
Basement apartments are already being used for housing, legal or not. The least we can do is make them safe
Agree because so many families are using basement illegally
I lived in a basement apartment for two years, and the only issue was flooding during heavy rain. If they fix that, I see no problem with legalization.
I think one solution is for the city to have proper drainage and waterproofing when they do legalize it
agree because the city could solve it with better infrastructure. Don’t throw out the whole idea because of bad drainage.
NYC has thousands of illegal basement and cellar units. Instead of kicking tenants out, let’s regulate and protect them
flooding and air quality are serious risks. If we legalize basement and cellar units, there needs to be strict safety oversight
We should be looking at cities that have done this successfully. How has Tokyo, London, or San Francisco handled basement units?
Cellars might be below curb level, but that doesn’t mean they can’t be made livable. We should at least allow case-by-case evaluations
Some cellars can be upgraded safely, some can’t. A blanket ban isn’t the right solution
problem with that is it takes too much resources
If NYC is serious about housing, it should be funding basement and cellar conversions instead of just creating more luxury towers
Flooding risk is my biggest concern. If we legalize basement apartments, the city needs to invest in infrastructure improvements too
this solution exposes the bigger issue: NYC’s zoning laws are outdated and make housing scarce
Yup. The fact that so much housing demand is tied up in basement and cellar conversions shows how broken our system
The governor’s office staying silent on cellars is frustrating. Either commit to fixing the issue or don’t pretend to support housing reform
BASE is absolutely right bc people are already living in basement and cellar units. Legalizing them is about protecting renters.
Either we legalize basement and cellar units properly, or we force more people into unsafe housing
If basement and cellar legalization is too costly, it will just push small landlords out wont it?