N.Y. Multiple Dwelling Law § 289: Basement and cellar local laws and regulations

§ 289. Basement and cellar local laws and regulations. 1.

Notwithstanding any other provision of this chapter to the contrary, in

a city with a population of one million or more, the local legislative

body may, by local law, establish a pilot program to address, (a) the

legalization of specified inhabited basement dwelling units and

inhabited cellar dwelling units in existence prior to the effective date

of this article through conversion to legal dwelling units, or (b) the

conversion of other specified basement and cellar dwelling units in

existence prior to the effective date of this article to legal dwelling

units, provided that any such other specified basement and cellar

dwelling unit in existence prior to the effective date of this article

is located in any of the community districts specified in subdivision

four of this section. The local law authorized by this section, and any

rules or regulations promulgated thereunder, shall be protective of

health and safety according to standards established in consultation

with the fire department of the city of New York, department of

buildings, and office of emergency management. The local law shall

further provide that any application to legalize or convert a basement

or cellar dwelling unit to a legal dwelling unit located within a flood

hazard area as defined in section two hundred two of the city building

code shall be subject to additional health and safety standards.

The local law authorized by this section, and any rules or regulations

promulgated thereunder, shall not be subject to environmental review,

including environmental review conducted pursuant to article eight of

the environmental conservation law and any state and local regulations

promulgated thereunder.

2. (a) The pilot program established by such local law may provide to

an owner accepted into the program who converts an inhabited basement

dwelling unit or inhabited cellar dwelling unit in accordance with a

local law authorized by this article or who otherwise abates the illegal

occupancy of an inhabited basement dwelling unit or inhabited cellar

dwelling unit, (i) freedom from any civil or administrative liability,

citations, fines, penalties, judgments or any other determinations of or

prosecution for civil violations of this chapter, other state law or

local law or rules, and the zoning resolution of such city, and (ii)

relief from any outstanding civil judgments issued in connection with

any such violation of such laws, rules or zoning resolution issued

before the effective date of this article.

(b) Provided, however, that the provisions of subparagraphs (i) and

(ii) of paragraph (a) of this subdivision shall only apply to violations

of such laws, rules, or zoning resolution that rendered an inhabited

basement dwelling unit or an inhabited cellar dwelling unit illegal

before the effective date of this article and the conduct constituting

such violation would not violate the local law adopted pursuant to this

article.

(c) Provided, further that such local law shall require that all

applications for conversions be filed by a date certain subsequent to

the effective date of this article, provided that such date shall not

exceed five years after the effective date of this article.

3. Such local law may provide that any provision of this chapter shall

not be applicable to provide for the alterations necessary for the

conversion of a specified inhabited basement dwelling unit or inhabited

cellar dwelling unit or other specified basement or cellar dwelling unit

in existence prior to the effective date into a lawful dwelling unit.

Any amendment of the zoning resolution necessary to enact such program

shall be subject to a public hearing at the planning commission of such

city, and approval by such commission and the legislative body of such

local government, provided, however, that it shall not require

environmental review, including environmental review conducted pursuant

to article eight of the environmental conservation law and any state and

local regulations promulgated thereunder, or any additional land use

review.

4. The program established by a local law enacted pursuant to this

section shall be applicable only within community districts selected by

the local legislative body from the following list: Bronx Community

District nine; Bronx Community District ten; Bronx Community District

eleven; Bronx Community District twelve; Brooklyn Community District

four; Brooklyn Community District ten; Brooklyn Community District

eleven; Brooklyn Community District seventeen; Manhattan Community

District two; Manhattan Community District three; Manhattan Community

District nine; Manhattan Community District ten; Manhattan Community

District eleven; Manhattan Community District twelve; and Queens

Community District two. Prior to the adoption of the local law

authorized by this section, but no later than ninety days after the

effective date of this article, the community board of a community

district named in this subdivision may adopt and submit to the speaker

of the city council a resolution in support or opposition of the

inclusion of the community district in the program established by the

local law authorized by this article.