Posted on: November 12, 2025 04:54 PM

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Basements all set to legalize with approved permits in NYC

If you are planning to legalize basements into a rental dwelling, learn the term Authorization for Temporary Residence (ATR) and the NYC Building Dept is all excited.

To be eligible, the basement must be in good condition before April 20, 2024 and has been used to move around well. Then follow the Local Law 126 showing the area where the pilot program was allowed. The standard requirements are an adequate wall separating the boiler room from the general use followed by central heating, smoke and gas alarms, access all around including emergency exits. The only exception is no flood zone areas are allowed which can only be checked by the NYC Building Dept.

The application is open until April 20, 2029 to handle the load as the city is expecting over 100,000 applicants. Once approved, renovations as required by the permit will be evaluated. Then a new Certificate of Occupancy (CO) is issued and the basement will be legal as per zone approved.

Once legal, the rent is also market rate at higher than illegal basements.

Another news today is that the NYC Council approved the OneLIC Neighborhood Plan, unlocking nearly 15,000 new homes, 14,000 jobs, and a continuous public waterfront for everyone. The Mayor will sign it to get going right away.