Two state legislators are proposing a bill to expand a recently approved plan for legalizing basement apartments after concerns arose about exclusions made by their colleagues. The plan, passed as part of last month’s state budget, grants New York City authority to ease restrictions hindering the legal conversion of basement units in just 15 of the city’s 59 community districts, effectively creating a pilot program.
State Senator Julia Salazar of Brooklyn and Assemblymember Jessica González-Rojas of Queens criticized the exclusion of districts with significant numbers of basement apartments, particularly those in Queens that were affected by flooding during Hurricane Ida in 2021. Salazar, representing Cypress Hills, expressed disappointment in the carve-outs, highlighting the safety risks for both tenants and property owners.
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The limited scope of the pilot program raises concerns about the practicality of bringing basement units up to code, as demonstrated by a city program in Cypress Hills and East New York. The high costs associated with compliance have deterred many property owners from participating, rendering the program ineffective.
González-Rojas emphasized that excluding areas like Elmhurst in Queens, where fatalities occurred during Hurricane Ida, would hinder efforts to improve safety standards and oversight for basement units.
While the 15 included districts account for only a fraction of New York City’s basement apartments, they represent a critical step forward in addressing the housing crisis. However, the patchwork approach has faced criticism from some lawmakers concerned about safety and affordability.
State Senator Leroy Comrie of Queens opposes basement legalization altogether, citing safety risks and affordability concerns. He advocates for the clearance of all illegal basement apartments, arguing that changing state laws won’t address the practical challenges of basement renovation.
“Anything that’s unsafe needs to be cleared,” Comrie said. “They’re illegal. They’re unsafe and if there’s a flood or a fire, those people are in trouble. You can come up with an idea to save the world, but if it’s not practical, there’s no ability to do it.”
Despite these challenges, Senator Brian Kavanagh, who chairs the state Senate’s housing committee, remains optimistic about the prospects of basement legalization. He acknowledges the complexities but believes that a negotiated solution is achievable, particularly through collaboration with the City Council.
“I think it’ll be a negotiation, but I expect that the City Council will come to a consensus and do this,” he said.
As the city moves forward with implementing the pilot program, stakeholders will need to address safety, affordability, and regulatory challenges to ensure the success of basement legalization efforts.
