After screwing homeowners out of financial aid from Hurricane Ida damage, Comptroller Lander wants to make a law to make renting basements legal

 

 City Limits

 Brad Lander’s Basement Resident Protection Law would create a “basement board” to oversee the conversions and ensure residents of these apartments—called accessory dwelling units or ADUs—have access to tenants’ rights and basic safety protections. It comes a year after rains from Hurricane Ida killed 11 New Yorkers in basement units.

As the one-year anniversary of Hurricane Ida approaches, tens of thousands of basements and cellars—units often converted into illegal apartments—are still at immediate risk of flooding, and that number will triple in the next 30 years, according to a report by New York City Comptroller Brad Lander shared with City Limits Monday.

The report proposes legalizing and registering rental units via a legislative roadmap modeled after a law New York State enacted in the 1980s to convert commercial and manufacturing units into legal residences.

Lander’s policy plan, the Basement Resident Protection Law, would create a “basement board” to oversee the conversions and ensure residents of these apartments—called accessory dwelling units or ADUs—have access to tenant’s rights, such as eviction protection. It would also help homeowners put in place basic safety features to protect tenants from floods and fires.

“The idea of this legislation is that it would create a kind of interim set of rights, responsibilities and protections that would go really well with a pathway to legalization,” Lander told City Limits.

The plan would need to be implemented on the state level, and so he hopes to see a legislator in Albany take it up. It comes as the city marks one year since heavy rainfall brought by the remnants of Hurricane Ida caused deadly floods, killing 11 people residing in basement units.

The comptroller’s analysis found that 10 percent, or 43,000, of the city’s basements and cellars are at risk of flooding from rainfall or storm surges. The number of occupied basement and cellar units across the city is still unknown due to their secrecy, but estimates suggest they house at least 100,000 city residents—and that number could be much higher.

Such apartments tend to attract low-income renters, including immigrants, who are priced out of other forms of housing. As of now, tenants living in these units have no protections or rights if they demand safety features to protect them from floods, fires and other risks, and many are not incentivized to ask the city to intervene for fear of losing access to their homes.

“The only tool the city has is a vacate order,” Lander said. “That’s not what residents want, even if they’re in an unsafe unit.”

Lander’s proposal would require owners of occupied basement or cellars to register them, and would give temporary legal status to such units for up to five years—a change from current policy, in which most of the units would be deemed uninhabitable.