If my client`s landlord hadn`t offered an illegal basement to rent, or if my client`s landlord had done the necessary work to adapt the apartment to city regulations, my client would likely be alive today. New Jersey residents may not realize they are living in an illegal apartment unless a city official or law enforcement official notifies them. Not all apartments in New York are legal. New York City classifies buildings as residential or commercial buildings, and there are laws that impose specifications for room size, heating, gas, water, and plumbing issues. If the structure is a new construction, a minimum ceiling height of 7 feet is required for living rooms, hallways and basement parts that contain these spaces. New basements that contain living space may have beams, beams, beams, ducts or other obstacles to project up to 6 feet 4 inches from the finished floor. First, the apartment is illegal if the space is used in a way that goes beyond what the building permit provides. For example, commercial zoning units cannot be leased as residential space. Basements, often found in single-family homes, are not designated as residential buildings and are therefore illegal to rent. Basements may be legal apartments, but they should raise a red flag, and you should proceed with caution. The State of New Jersey and the cities, towns and villages of New Jersey have established rules and regulations governing the design, construction, and use of real estate.
These laws are designed to protect the health, life and safety of those who live on the property. For example, there must be a certain number of exits inside a property and windows must have a certain height to ensure the safety of a tenant in the event of a fire or other hazard. Converting a basement, attic or garage into living space without proper permission not only violates the law, but puts anyone living in the illegal space in grave danger. "A big sign that an apartment is illegal is the price," said Jose Ortiz, deputy director of Essex Newark Legal Services. "If it sounds too good to be true, it probably is. There is a very high demand for affordable housing in New Jersey and a very low supply of decent affordable housing. "If you are wondering if your apartment is illegal, you can contact the Department of Buildings. All buildings constructed after April 1929 have a certificate of occupancy indicating how the building can be used.
It will tell you how many apartments it can have on each floor, which can help you determine if your basement apartment is legal. The unit must also be built in accordance with city, county, and state rules. If law enforcement discovers the occupation of an illegal apartment, the landlord must pay for the tenant`s move. A rental unit must be suitable for residential use for the duration of the tenancy. If your electricity comes from extension cords or your door locks with a padlock, you should check if it`s legal. For example, if a fire breaks out, an apartment must have ways for a tenant to escape. "Basement apartments that don`t comply with applicable laws, regulations and codes are a hornet`s nest for homeowners," says Mary Hall Mayer, an agent at Coldwell Banker Warburg in New York City. "[The landlord] would face legal consequences as well as financial problems if the illegal housing resulted in mortgage default or other conditions." While renovating a basement apartment can be a viable source of income for a homeowner, it takes a significant investment to get there. Hamidi says it can cost anywhere from $30,000 to more than $100,000, depending on the complexity of the work and the cost of materials. Contact a lawyer if you discover or suspect you are living in an illegal apartment, Ortiz suggests.
You can see if you qualify for legal advice by calling New Jersey Legal Services at 1-888-576-5529. Lawyers may be able to make an agreement with a landlord and avoid court. My client got his apartment. He set it up and made it a home for his family. However, just before her son was one year old, there was a big fire in the building. While my client`s girlfriend and child walked out of the apartment, my client did not. It`s something that tore me apart. An investigation revealed that my client`s apartment was illegal. But New Jersey is experiencing a housing affordability crisis. Because tenants cannot find legal entities they can afford, landlords respond to the need and offer people housing that is well below market price. A tenant in an apartment or living space that is uninhabitable or does not meet the requirements of state laws and city or county ordinances has several options: the basement and basement differ in height above the sidewalk level.
A basement is at least half its height above sidewalk level, while a basement is less than half its height above sidewalk level. Some cellars are only suitable for storage and laundry. Others can be completed and provide valuable extra living space for a home. Still other basements are worth being a house in their own right. But to fall into the latter category as legal housing, your underground space must first meet very important minimum requirements. A few months later, my client contacted me to rave about being a father and to thank me for giving him a better opportunity to provide for his family. He advised me to get an apartment for the mother of his child, his child and himself so that he could start a life for his family. To rent an apartment in New Jersey, landlords must comply with local zoning rules and safety requirements to protect the safety of their tenants. If a homeowner changes a basement or other type of space, the city or county zoning department will likely require a zoning permit.
A city or county ordinance may set rules for certain types of spaces within properties. If you suspect that your apartment may not be properly zoned, you can go to your local town hall and ask for a copy of the property`s certificate of occupancy or certificate of habitability. "Homeowners looking to convert their basement into separate apartments should conduct a feasibility study with a licensed general contractor to see if the unit can easily meet the city`s requirements," Hamidi says. Whether a landlord makes room for a bedroom or kitchen in a New Jersey basement, the leased area must comply with the building codes of local standard housing units. Especially in large cities where there is a lack of affordable housing, basement apartments are seen as a way to alleviate the housing shortage – but only if they are safe for tenants. In New Jersey, a homeowner who converts a basement, attic, garage, or other space into an apartment must get permission from the city or county. Whether a landlord offers a bedroom or kitchen in the basement, the rented space must be habitable. The International Residential Code (IRC) sets standards for habitats. It states that a room, other than the kitchen, must have at least 70 square meters of space to be considered habitable.
However, this doesn`t apply to the entire space of a studio, so you must comply with all the minimum square footage requirements for apartments outlined in your area`s building codes. The minimum ceiling height of the IRC for basement living space – that is, space for living, sleeping, eating or cooking – is seven feet.