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Finishing a basement with an apartment

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Jackie24
~We Did it~

Member since 7/06

6718 total posts

Name:
Jackie

Finishing a basement with an apartment

Has anyone done this? We are possibly looking into this and was just looking for advice.

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Posted 9/5/11 12:28 PM
 
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maggiebaby75
LIF Toddler

Member since 5/05

434 total posts

Name:

Re: Finishing a basement with an apartment

They are illegal in Nassau county

Posted 9/5/11 9:27 PM
 

bpmom
Feeling Blessed

Member since 6/07

2963 total posts

Name:

Re: Finishing a basement with an apartment

Posted by maggiebaby75

They are illegal in Nassau county



Even if they're illegal, there are always people looking to rent them. Can't tell you how many my friends and I looked at/lived in during our 20's....

Are they all illegal -- even if they're the downstairs portion of a raised ranch or split level?

To the OP -- I know several people who have done them in Suffolk.

Edited for horrible grammar. Chat Icon

Message edited 9/7/2011 8:41:36 AM.

Posted 9/6/11 8:28 AM
 

maggiebaby75
LIF Toddler

Member since 5/05

434 total posts

Name:

Re: Finishing a basement with an apartment

Yes.....just do a google search....or go to town of Hempstead website.......
I also have first hand knowledge because I ave legally turned my home into a legal 2 family residence (mother/daughter) and it was crazy all the rules, codes, inspectors that I had to deal with

Are they out there? Of course but if people get caught there are all these fines, etc and you will have to immediately rip out your kitchen.....

Also f there was a fire or flood and your tenants things got ruined how will you reimburse? It is not legal to have an apt like this.....

Posted 9/6/11 8:50 AM
 

pnbplus1
Family

Member since 5/09

5751 total posts

Name:
Mommy

Re: Finishing a basement with an apartment

I know of a home that has a legal apartment downstairs with a full sized kitchen, bathroom, bedroom, living space, and it's own separate entrance. It's in Nassau too.

Maybe the rules have changed since if you are interested I would make calls just to find out for yourself.

As for what a PP said, there are many people putting apartments in their homes. I read an article in newsday. With the cost of living on LI, many people, especially seniors, do it bc otherwise they cannot afford to stay in their homes.

Posted 9/6/11 2:59 PM
 

BellaBoo
LIF Infant

Member since 10/10

370 total posts

Name:

Re: Finishing a basement with an apartment

Town of Hempstead - Mother/daughter permit

Posted 9/6/11 3:31 PM
 

maggiebaby75
LIF Toddler

Member since 5/05

434 total posts

Name:

Re: Finishing a basement with an apartment

In order for it to be legal it has to be a parent or children of the parent occupying the space....it also has to be renewed every 3 years and inspected to proove you are NOT renting to somone outside those guidelines. Trust me, I know, I am living this situation. Check out the link above....it explains it.

People build apartments BUT iT doesn't make them legal. If say, my mom moves out and we decide to rent to outsiders, it would be illegal and I would have to rip out the second kitchen. The inspectors actually do come out and check the residence! That is why the permit is not indefinite and has to be renewed.

Also another thing.......you are not allowed two electric meters even with a legal mother daughter. Those who do have them were grandfathered in.

I'm not trying to start anything...just spreading the first hand knowledge on the topic. People can do whatever they want. You can build one and maybe no one tells on you or there are no floods or fires in your basement apartment which would cause all sorts of problems. But before you get in over your head you should know all the facts.

Message edited 9/6/2011 4:11:10 PM.

Posted 9/6/11 4:00 PM
 

maggiebaby75
LIF Toddler

Member since 5/05

434 total posts

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Re: Finishing a basement with an apartment

Found this on website too:

It's All in the Family:
Murray and Hudes Expand "Mother-Daughter"
Apartment Law to Include Siblings
April 21, 2009


Acknowledging the rising cost of living on Long Island and accommodating the wishes of many community residents, Hempstead Town Supervisor Kate Murray and Councilman Gary Hudes, along with the entire town board, have passed legislation that effectively expands upon the town's provision for "mother-daughter" apartments in single-family homes. The new law will allow siblings to qualify for an exemption to alter a one-family home to accommodate two families. Moreover, siblings can now enjoy the same benefits that apply to parent child relationships in the establishment of an accessory apartment in a single-family home.

"Many families today want to stay together and remain in the same home while continuing to enjoy the suburban quality of life that our township affords," Supervisor Murray said. "Adjusting the 'mother-daughter' apartment law to reflect this reality will allow us to better serve the different needs of families throughout Hempstead Town."

The pre-existing law defined a mother-daughter residence as a one-family home constructed or altered to include a second kitchen for the sole use of the children or parents of the home's owner. Expanding the law to include siblings will help family members to stay with the people they love while easing the costs of owning and operating a home. Both the previous mother-daughter law and the new legislation apply only to single-family homes in unincorporated areas of the town. Incorporated villages are not subject to the legislation and control their own zoning regulations.

"Many families today are struggling to make ends meet," Councilman Hudes said. "Giving immediate family members the option to share a home may help both older and younger siblings alike ease the costs of living on Long Island."

In addition to the mother-daughter residence law and the new sibling provisions, residents may only alter a one-family home to accomodate two families by obtaining a two-family senior residence permit. By providing more opportunities for families to stay together, Murray and Hudes hope that young adults who might otherwise find the costs of owning a home to be prohibitive will be able to remain in their communities, while older family members may benefit from the assistance that younger siblings or children can provide in a shared residence.

"Many siblings grow up in the same home and highly value the bond they share with their immediate family members," Supervisor Murray concluded. "Once grown, siblings should still be able to keep a close-knit family in a shared home while maintaining the high quality of life that they have come to enjoy in Hempstead Town."

Posted 9/6/11 4:17 PM
 

julz33
i run for bacon

Member since 5/05

20584 total posts

Name:
julz

Re: Finishing a basement with an apartment

Posted by bdmom



Are they all illegal -- even if they're the downstairs portion of a raised ranch or split level?




I had a LEGAL apartment in my old house - the downstairs portion of a split. It was above ground enough to have the size window required by the town of brookhaven. I wouldn't call it a 'basement' though.

What is legal and not legal varies by town so check your towns website for info. I can tell you more about mine but I was in Suffolk/town of brookhaven - so it wont help you.

We had to get a permit and have it inspected by the town.

Posted 9/6/11 4:36 PM
 

Jackie24
~We Did it~

Member since 7/06

6718 total posts

Name:
Jackie

Re: Finishing a basement with an apartment

Thank you, my home is in orange county new york and it would be for my inlaws Chat Icon

Posted 9/6/11 5:28 PM
 

Stephanieferreira
LIF Zygote

Member since 7/14

1 total post

Name:

Converting a mother daughter to legal two family

Hello,
I hope you don't mind me messaging you. I found your post stating you converted a mother daughter to a legal two family.
We bought a house in valley stream in 2005. It's a mother daughter set up, high ranch. We bought it as a one family and it was perfect because of the extra kitchen. Now 9 years later a code inspector came by and gave us a ton of summonses. Saying either legalize it with mother daughter permit (pricy ). Or rip out the kitchen.
I wanted to know how to go about legalizing it into two family. Can you please tell me how go about that?
On our tax records it states it's a two family, however valley stream says were in a one family zone.
The house was built in1974 .
Thank you so much in advance,
Stephanie

Posted 7/5/14 2:04 PM
 

GoldenRod
10 years on LIF!

Member since 11/06

26792 total posts

Name:
Shawn

Re: Finishing a basement with an apartment

What are your plans for the house? Keep it as a one-family house for yourself, but with two kitchens? Have family live with you in the mother/daughter? Rent out the apartment to non-family?

Posted 7/5/14 2:38 PM
 

Christine Braun - Signature Premier Properties
LIFamilies Business

Member since 2/11

3992 total posts

Name:

Re: Finishing a basement with an apartment

Posted by Stephanieferreira

Hello,
I hope you don't mind me messaging you. I found your post stating you converted a mother daughter to a legal two family.
We bought a house in valley stream in 2005. It's a mother daughter set up, high ranch. We bought it as a one family and it was perfect because of the extra kitchen. Now 9 years later a code inspector came by and gave us a ton of summonses. Saying either legalize it with mother daughter permit (pricy ). Or rip out the kitchen.
I wanted to know how to go about legalizing it into two family. Can you please tell me how go about that?
On our tax records it states it's a two family, however valley stream says were in a one family zone.
The house was built in1974 .
Thank you so much in advance,
Stephanie



If your house was at one time being used as a legal mother-daughter with proper permit, then that's why the tax records show it as a 2-family. That's a common thing... It doesn't mean that your house is a 2-family or can be a 2-family. I have had listings that are a ONE family house (potentially a mother-daughter with permit), but tax records erroneously categorize it as a 2-family. There are very few new legal 2 family homes being allowed in Town of Hempstead now.

A house can really only be a 2-family house if there's a C/O stating it is a legal 2-family. If a house is a legal 2-family, then it is forever... every time it's sold, the legal 2 status goes with the house, and the owner can rent out BOTH units of the house if he/she wants (the owner does not need to occupy a unit as a primary residence).

A single family house CAN become a legal mother-daughter with proper permits (if it meets the criteria). That's the only way a second kitchen is allowed in a one family house in most areas of Nassau (unless the owner is over 62 and is under a certain house hold income... there are accessory apartments permitted for seniors that meet the requirements).

But a mother-daughter situation requires that the owner live in one unit and the other unit be occupied by a family member (depending on individual town criteria). There has to be interior access between the two units, and there's only one electric meter, etc. If the house is sold, the mother-daughter status does NOT go with the house. The new owners would need to apply again (if they meet the criteria). So a mother-daughter set up is very different than a legal 2-family home... it's a temporary permit for a specific situation.

Honestly, unless you have a legitimate mother-daughter situation, I think you have no choice but to remove the kitchen (which should be quick and easy), given that the town inspector has already given you a notice of violation.

I am just curious how the inspector even knew about the situation. Did you have a town inspector come in for another issue (are you renovating)? Or do you have an illegal rental situation going on that a neighbor may have complained about?

Posted 7/7/14 10:15 AM
 
 

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