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There is a pressing issue in New York City’s housing crisis with the upcoming state debate: the need to legalize basement and cellar apartments. Manhattan Assemblymember Harvey Epstein, joined by activists and supporters, took the stage at Queens to advocate for a bill that seeks to regulate these spaces, often home to some of the city’s most vulnerable residents. Epstein, alongside his legislative partner, Senate Housing Committee Chair Brian Kavanagh of Manhattan, has been championing a bill aimed at allowing New York City to formally regulate these often illicitly inhabited spaces, which can provide legal protections and safety standards for thousands of residents.
Epstein’s plea was clear and urgent as he addressed the crowd, emphasizing the important role Queens plays in this legislative battle. “There are tens of thousands of New Yorkers living in basement apartments right now. They live without the same strong tenant protections that other renters enjoy,” he declared, pointing out that the success of this initiative hinges significantly on being able to sway the opinions of skeptical Queens legislators. Despite Governor Kathy Hochul’s endorsement of a more restrained approach that would legalize only basement units (excluding cellars) in her budget proposal, both the Senate and Assembly dismissed the proposal, leading to intensified negotiations. However, Epstein and Kavanagh have not wavered; they’ve revised their bill in hopes of overcoming opposition, particularly from their Democratic counterparts in Queens.
For over fifteen years, the Basement Apartments Safe for Everyone (BASE) coalition has been at the forefront of this fight, arguing that regulation not only protects tenants from potential city eviction notices but also ensures uniform safety standards. The tragic fatalities in unregulated basement apartments during Hurricane Ida, where four out of six deaths occurred in Queens, have created a permanent sense of urgency into their advocacy. Tracking these unregulated units poses significant challenges due to their absence from city building records. A collaborative study in 2021 by the Pratt Center for Community Development and BASE estimated that approximately 30,395 apartments across eight community districts, including about 9,000 in Queens, are unaccounted for in official records.
After conducting an interview with Avy, a tenant for over nine years and a mother of seven, who shared her story with Steven. She spoke about the retaliation she faces from her landlord for demanding necessary repairs and her fears of being forced into homelessness. Her story is the dire circumstances of many who reside in these informal living situations. “Many of us who live in basements are not aware that we are not allow to be there. We don’t really have much of a choice otherwise we have to live out on the streets,” she explained.
Assemblymember Steven Raga also spoke in Diversity Plaza, alongside Harvey and Assembly member Jessica González-Rojasbringing, where he talks about a personal perspective to the issue because he grew up in a low-income household where his family was forced to live in a basement. However, not everyone agrees. During the Joint Legislative Hearing, Senators Leroy Comrie and John Liu argued against legalizing basement housing. The legislative continues to be met with resistance concerning potential increases in neighborhood density, strain on local infrastructure like sewage systems, and broader state initiatives encouraging residential development. Critics like former Assemblymember William Scarborough express concerns about transforming single-family homes into multi-unit dwellings, which fundamentally alters the living conditions. Additionally, Queens Senator Toby Ann Stavisky has expressed that she views legalization as potentially problematic. She particularly highlighted concerns about cellars, which, under New York City’s Zoning Resolution and state Multiple Dwelling Law, are defined as being at least half below curb level, in contrast to basements which are at least half above.
Amidst these competing viewpoints, the BASE Coalition remains hopeful. The revised bill, now supported by the city’s Department of Housing Preservation and Development, includes detailed provisions for financial aid to homeowners to help install and legalize these units, essentially converting their living situations into safe, legal homes. The city’s Department of Housing Preservation and Development (HPD) has backed the updated bill, which includes provisions to expand the agency’s ability to provide loans and grants to homeowners. Whether the proposal for basement and cellar legalization will be included in the state budget is still uncertain. Without decisive action, the opportunity to address a significant portion of New York City’s housing crisis and improve living conditions for thousands of residents could slip away
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This is long overdue! So many people are living in unsafe conditions just because there are no legal alternatives. This bill could literally save lives.
The opposition keeps talking about increased density, but the reality is that these units already exist. Why not regulate them and make them safe?
I get the concerns about infrastructure, but what’s the alternative? Evict thousands of people? Force them into shelters? This seems like a no-brainer
Queens seems to be the key moment here because if legislators from the borough don’t get on board, this could stall indefinitely.
If we legalize basement apartments, we also need to ensure rent protections. Otherwise, landlords will just use this as another way to price-gouge tenants
Hurricane Ida should have been a wake-up call. How many more people have to die before we take action?
So Hochul is okay with basements but not cellars? What’s the logic behind that distinction? Sounds like a half-measure.
The distinction is based on safety concerns because cellars are more prone to flooding and ventilation issues. That being said, regulation could address these risks.
I appreciate Assemblymember Raga sharing his personal experience because too many lawmakers are disconnected from the struggles of low-income renters.
Landlords retaliating against tenants like Avy is exactly why we need better protections. If these apartments were legal, tenants wouldn’t have to live in fear.
Why is it always the same argument? ‘It will change single-family neighborhoods.’ Yeah, because NYC has a massive housing crisis and needs to adapt.
Even if this bill passes, enforcement is going to be a nightmare. What’s the plan to make sure these apartments meet safety standards?
well yeah, rhat’s what the HPD funding provisions are for because homeowners can get loans and grants to bring their units up to code
Senators Comrie and Liu’s arguments don’t hold up. These units exist whether they like it or not. It’s a question of safety, not whether we ‘allow’ them
Can we talk about how undocumented immigrants are disproportionately affected? They’re often afraid to speak up because of fear of retaliation or deportation.
they can’t really speak up for themselves so my heart really goes out to them because most immigrant families have children and they don’t want to risk destroying their life and their children’s life
Regulation is the right move, but let’s not forget the environmental angle. How will the city ensure these basement conversions don’t contribute to more flooding?
A lot of homeowners are struggling too. This could be a win-win if the city actually provides the financial assistance they’re promising
“Queens legislators are holding this up, but Queens also has the most basement apartments. The math isn’t mathing
We need more housing across the board, not just legalizing basements. But this is a step in the right direction.
How does NYC not have an accurate count of basement apartments in 2024? so we track everything else, but not housing?
It’s because they’re unregulated and landlords don’t report them. The city has no real way to track what’s not in official records
“Former Assemblymember Scarborough’s argument is just classic NIMBYism. People need homes. Period.
what does NIMBYism mean?
acronym for “not in my back yard” sorta saying how they don’t want more real estate development near them
Ohh okay, thanks
Legalization should come with strict safety requirements. No more tragedies like Hurricane Ida.
I hope this bill includes provisions for affordable housing. If landlords just jack up rents, it defeats the purpose
That’s a valid concern. Maybe tenant groups should push for additional rent stabilization measures alongside this bill
What’s the alternative if we don’t legalize? More displacement? More homelessness? It’s ridiculous that this is even a debate
Especially after having read the interviews with the homeless people, it really breaks my heart. They deserve to live in a home just like everyone else
Queens legislators are playing politics instead of looking at the reality of their own borough.
Why does every housing debate in NYC turn into ‘we must preserve single-family homes’? That ship sailed decades ago.