The Local Law 22 of 2024 basement and cellar legalization pilot requires the owner to occupy the building as a primary residence at the time of application. Outside the pilot, NYC has no ADU framework, so owner-occupancy rules don't apply.
Under Local Law 22 of 2024, eligibility for the basement and cellar conversion pilot is limited to owner-occupied one- and two-family homes in 15 designated community districts. The owner must file a sworn affidavit that the building is their primary residence at application, and HPD or DOB may require proof such as a homestead exemption STAR certificate, voter registration, or driver's license. The owner-occupancy requirement runs only at the time of application; the law does not impose a long-term deed restriction. After legalization, the unit may be rented to any tenant. NYC's broader Multiple Dwelling Law does not impose owner-occupancy on other accessory units because the city has no other ADU framework.
False affidavits under Local Law 22 are punishable under NYC Admin Code Section 28-211.1 with ECB violations and may be prosecuted by the District Attorney for fraud, plus revocation of the Certificate of Occupancy.
New York, NY
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See how New York's adu owner occupancy rules stack up against other locations.
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