What are the risks of renting an illegal basement apartment in New York State?

I'm contemplating buying a house that is set up as a mother/daughter. I would like to rent the extra space to help pay the mortgage. What are the risks I'm taking by doing this? Big fines and penalties? or a slap on the wrist and "stop now".?

Kingston, NY -

Attorney Answers (4)

Steven Warren Smollens

Steven Warren Smollens

Landlord / Tenant Lawyer - New York, NY
Answered

Dear Kingston Home Owner:

You have to look locally in the jurisdiction where you are purchasing. Illegal apartments can carry great penalties. In NYC violations may run as much as $25,000.00 per instance.

Many other locations frown on illegal basement apartments. Sometimes, a local fire department, may issue a vacate order before a code enforcement officer. Or, the other way around.

"Illegal" means not allowed. Not lawful If you contemplate this sort of risk, you should learn just how this issue is dealt with where you are buying.

A local lawyer, familiar with the local enforcement agencies, is in the best position to formulate an opinion about the risks.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should... more
Jayson Lutzky

Jayson Lutzky

Divorce / Separation Lawyer - Bronx, NY
Answered

Besides Mr. Smiollens wise advise you may be personally liable if there is an accident and you can even be charged with a crime if there is an incident ind the basement. In short either legalize it by hiring an architect, if yiu can or better yet do not buy the property.

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Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

Among other things if the tenant doesn't pay you can only recover possession. You can not get unpaid back rent.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
Peter J Weinman

Peter J Weinman

Real Estate Attorney - Staten Island, NY
Answered

Adding to the great advice you've already received, I'd like to point out that if you actually will depend on the income to pay your mortgage, don't even consider it. Basement apartment tenants are notorious for not paying rent when they learn the apartment is not legal - some look for this type of apartment knowing they can live for free for a very long time before the landlord can get them out.

I may be guessing or not licensed in your state. No atty/client relationship exists.

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