NYC BASE Campaign Hosts Rally to Drive Support for Basement and Cellar Legalization

The NYC Basement Apartments Safe for Everyone (BASE) campaign hosted a rally at Diversity Plaza in Jackson Heights to drive support for the legalization of basement and cellar apartments. The campaign is a coalition of community groups, advocates, lawyers, and planners that include the Center for NYC Neighborhoods, the Citizens Housing and Planning Council, Chhaya, Cypress Hills Local Development Corporation, and the Pratt Center for Community Development.

The rally brought together community groups, elected officials and advocates to drive support for a bill authored by Assemblymember Harvey Epstein and Senator Brian Kavanagh that would pave the way for the enactment of local laws that enable legalization of basement and cellar apartments.

The supporters of the bill argue that the bill would create a pathway for tenants to have safe, secure housing. They also argue that there are tens of thousands of New Yorkers living in basement apartments who live without the same strong tenant protections that other renters enjoy. They contend that illegal apartments exist and that the city should recognize that they are an important part of the city’s affordable housing stock and ensure that they are safe for residents.

Although Governor Hochul included a provision to legalize basement apartments in her budget proposal, it remains unclear whether the provision will be included in the final budget agreement as state budget negotiations in Albany continue. The rally aimed to push for the inclusion of the provision in the final budget.

The supporters of the bill pointed out that many New Yorkers are living in dangerous, illegal basement and cellar spaces, and this poses a severe threat to the life and safety of New Yorkers. They also argued that the bill would provide the Mayor and the City Council with the tools they need to enable existing illegal basement and cellar units to be converted to safe, legal apartments.

They argued that creating a pathway to legalize basement and cellar apartments is crucial for ensuring the safety of tens of thousands of tenants in New York State. They urged Governor Kathy Hochul to prioritize this issue in the final budget and prevent further loss of life.

The supporters of the bill argued that the time has come to act on basement and cellar apartments. They contend that with a multibillion dollar State budget surplus and a worsening housing crisis, the state must do everything in their power to pass legislation paving the way for more conversions. They believe that they can bring these units out of the dark and into the light.

“There are tens of thousands of New Yorkers living in basement apartments right now. They live without the same strong tenant protections that other renters enjoy. We can’t ignore the fact that illegal apartments exist. We should recognize that they are an important part of our city’s affordable housing stock and ensure that they are safe for the residents. I am proud to be joined by New York City Chief Housing Officer Jessica Katz, The BASE Campaign, and many of my colleagues in the State Legislature and the New York City Council in creating a pathway to safely legalize these apartments in our city,” said Assemblymember Harvey Epstein (74th Assembly District).

“As the devastating effects of Hurricane Ida demonstrated, far too many people are living in dangerous, illegal basement and cellar spaces, and this poses a severe threat to the life and safety of New Yorkers,” said Senator Brian Kavanagh (27th Senate District), chair of the Senate Housing Committee and sponsor of the bill. “This bill will provide the Mayor and the City Council with the tools they need to enable existing illegal basement and cellar units to be converted to safe, legal apartments. It also empowers the City to provide the financial support necessary for successful conversions and to develop a thoughtful plan to ensure that there are protections for the residents of these units, many of whom may be hesitant to report unsafe conditions because of their immigration status or the precarious nature of this housing. I thank everyone who has joined the push for this program, especially Assembly sponsor Harvey Epstein, the BASE Campaign, NYC Chief Housing Officer Jessica Katz, and the many advocates who are working to get it enacted.”

“New Yorkers have died because their homes could not be brought into safe and legal use. We need language in the State budget to meet the need for healthier, safer living conditions in basements and cellars,” said Chief Housing Officer Jessica Katz. “Legislation to promote safe basements and cellars is a key part of the City’s housing and homelessness blueprint, and we are calling on the Governor and State Legislature to meet this moral imperative.”

“Eleven New Yorkers, many who lived in basement apartments, died during Hurricane Ida over a year and a half ago and yet the State legislature still stalls on preventing future deaths,” said New York City Comptroller Brad Lander. “As the risk of coastal flooding triples over the next thirty years, the state must step up to legalize basement units, so current and future residents in the flood zone are afforded safe living conditions.”

“The reality we have to accept is that our affordable housing crisis is so dire that people will live in basement apartments whether they are regulated or not. We were forced to face that fact when Hurricane Ida claimed the lives of my neighbors who were living in unregulated basement apartments. If we had stepped up to make sure these homes were safe, appropriate, and affordable, we could have literally saved lives. Housing is a big topic in this year’s budget negotiations. Keeping tenants safely housed has to be the floor for negotiations,” said Senator Jessica Ramos (13th Senate District).

“Creating a pathway to legalize basement and cellar apartments is crucial for ensuring the safety of tens of thousands of tenants in New York State. We urge Governor Kathy Hochul to prioritize this issue in the final budget and prevent further loss of life. It is imperative that we take action to improve the safety of basement apartments in New York,” said Assemblymember Steve Raga (30th Assembly District).

“We cannot wait any longer to act on basement and cellar apartments. My district, which is home to the City’s first and only basement conversion pilot project, has over 9,000 potentially convertible basement and cellar apartments. These could be safe, affordable homes for innumerable people living in homelessness, in overcrowded or dangerous conditions. With a multibillion dollar State budget surplus and a worsening housing crisis, we need our State partners to do everything in their power to pass legislation paving the way for more conversions. We can and must bring these units out of the dark and
into the light,” said City Council Member Sandy Nurse (37th Council District).

“The time has come. We need to act now. We have a window of opportunity for the State to include basement legalization in this year’s budget. This will give the city the tools it needs to ensure that these homes can become safe. For too long, struggling homeowners and vulnerable tenants have endured the precariousness of illegal sub-grade units. Creating safe basement and cellar units is critical to addressing the affordable housing crisis and maintaining the vibrancy of NYC’s working class communities,” said Annetta Seecharran, Executive Director at Chhaya.

“For decades, basement apartments have acted as a bulwark against both foreclosure and homelessness in neighborhoods like East New York. They bring homeownership within reach for working- and middle-class residents of color and provide naturally affordable housing for our lowest-income renters. But without legal oversight, these apartments can be dangerous. From our work on the East New York basements conversion pilot, we know Albany must provide the City the tools it requires to create a pathway to stability and safety in these units. It’s a matter of justice and security for homeowners and tenants alike,” said Michelle Neugebauer, Executive Director of Cypress Hills Local Development Corporation.

“Thousands of New Yorkers live at risk in unregulated basement and cellar apartments.” said Howard Slatkin, Executive Director of Citizens Housing & Planning Council. “We cannot provide for their safety without a financially feasible path to legalization. S2276/A1075, sponsored by Assemblymember Epstein and Senator Kavanagh, is the culmination of years of hands-on work by the BASE Campaign and the City to find solutions that work for tenants and homeowners. It would give New York City the authority it needs to cut through the tangle of regulations and create a process with workable standards to make these apartments safe and legal. If you’re concerned about safety, you support this bill. If you don’t support this bill, your concerns are about something other than safety.”

“Legalizing basement and cellar apartments is a racial, economic, and climate justice imperative. Our research shows that these unregulated homes are concentrated in neighborhoods of color with high rates of poverty and rent burdens,” said Sylvia Morse, Program Manager for Policy at Pratt Center for Community Development. “As an organization dedicated to equitable community-based planning, Pratt Center has been working to ensure the safety and affordability of basement and cellar apartments alongside our BASE coalition partners for 15 years. The low-income tenants and homeowners of color at the forefront of our housing and climate crises deserve action now.”

Photo: Chhaya