The Department of Buildings on Tuesday published its proposed rules for constructing these types of accessory dwelling units, commonly known as ADUs, and will hold an online public hearing about them at 11 a.m. on Aug. 18. Constructing ADUs was a key component of the City of Yes housing package that passed late last year in an effort to significantly boost housing production across the five boroughs.
Despite the rules’ emphasis on cellar and basement apartments, they appear to be separate from the rules the city still needs to release for legalizing basement apartments under a five-year pilot program. Representatives for City Hall and the Department of Buildings did not respond to a request to clarify this by press time.
Howard Slatkin, Executive Director of the Citizens Housing and Planning Council, noted that there was some overlap between the two programs, but the basement legalization law still required its own set of rules.
“It’s good that ADUs will soon be able to be permitted, but days after another torrential rainfall, it’s urgent that the city issue rules for the basement apartment legalization program,” he said. “Thousands of homeowners and tenants need a predictable path to improved safety and legal status.”
