In New York City, the basement floors of most buildings pose a conundrum for public officials.
Tens of thousands, if not hundreds of thousands, of New Yorkers live in basement and cellar apartments, according to research by universities and nonprofits. And yet, many of these units are illegal, largely because they pose risks to tenants during fires or floods. In 2021, when the remnants of Hurricane Ida dumped more than 8 inches of rain onto some parts of New York City, 11 people died in flooded basement apartments.
At the same time, the city is in the grips of a housing crisis, and outlawing underground dwellings might only exacerbate the problem. That’s why city officials proposed new rules for basement units late last week as part of an ongoing effort to keep residents safe without placing a heavy burden on homeowners to make their buildings compliant.
“Basement and cellar apartments are not unfamiliar to many people,” said Howard Slatkin, Executive Director of the New York Citizens Housing and Planning Council. “They just haven’t had a home in our building codes and legal system.”
Slatkin, of the New York Citizens Housing and Planning Council, said the affordability of adhering to new requirements is a central concern for advocates. The rules were designed to draw people out from the shadows, but if they’re too onerous, New Yorkers may continue living in unsafe, unregistered homes.
“If you have concerns about the safety of spaces, paradoxically, enforcing against them just drives people further underground,” he said. “It’s not that you can’t enforce, but you have to have a way for people to make reasonable, affordable changes.”
