Investor · Union City, NJ · Member since 2019 · 32 posts · 7 votes
**Urgent help/advice**
I invest in North NJ, which is densely populated. It's very common to have 2-family homes with a separate entrance for the basement. Some specific cities require a CO, other do not, with the main sticking point of tapping the gas line & removing a stove.
Depending on the city, it is common to rent these basement units at a discounted price to individuals. My friend just rehabbed and rented his basement unit, and a nosy neighbor said "you're not allowed to live here and it's going to be trouble for you and your family" to his tenant as he was moving in.
How does one handle this neighbor? Technically there is an interior hallway in the back of the house connecting the first floor unit and basement unit. The basement also has a ground level entrance from the street. Does he approach the neighbor? Does anyone have any experience in this scenario??
In my area, I pulled these directly from the city bylaws. I also spoke with the 'Construction Office' for the city, which confirmed everything for me and advised the main thing I would need is an inspector to verify the basement is "interconnected" with the first floor. This means that the stairs go directly into the unit of the first floor, and not a common space (such as a hallway).
Hope that makes sense. Let me know I can help any further.
Basement Requirements:
15.12.540 - Basement space prohibited as habitable room, dwelling unit.
No basement space shall be used as a habitable room or dwelling unit unless:
A.
The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
B.
The total of window area in each room is equal to at least the minimum window area sizes as required by Article IX of this chapter and is located entirely above the grade of the ground adjoining such window area.
C.
The total of openable window area in each room is equal to at least the minimum as required under Article IX of this chapter, except where there is supplied some other device affording adequate ventilation and approved by the housing inspector.D.
There are no pipes, ducts or other obstructions less than six feet six inches above the floor level.E.
All furnaces or other heating facilities are so located, insulated and separated from living areas by fireproof partitions or walls necessary pursuant to regulations of the fire director, so that the same do not constitute an undue hazard to the safety and health of the occupants.F.
There is a second means of egress conforming to the requirements of Section 15.12.270 of this chapter.G.
Basement space which shall be used as a habitable room or dwelling unit must conform to all provisions of this chapter and all other applicable ordinances.
I would try to befriend the neighbor, but really there is nothing he can do if it's an illegal unit.
Your friend took a big risk. If something bad happens in the unit and the tenants get hurt, he likely has no insurance covering him and open himself up for lawsuits. If the city catches wind of it, they could fine him and force him to stop renting.
@Alejandro Tirso Sounds like my area. Everyone advised me that the "basements" were illegal to be rented in any way. All the realtors told me that, other homeowners in the area told me that, basically anyone I spoke with advised it was illegal, but no one could tell me why.
I took it upon myself to go search what made it illegal, and it turns out everyone is just lazy and doesn't do their own research. I read through the bylaws, the chapters, all the requirements, and eventually called the city and confirmed everything with them. Granted, there are several requirements in order to make this legal, but I was having this home built so it wasn't a problem (all the requirements were already part of the plans anyway).
My advice, is if the neighbor wants to be that way, try and play nice, BUT research how to make your unit legal. If it only takes one certification, then go that route, if you need to sublet that area out as a room, research that.
@John Walter Do you mind sharing some of that info? I've been told the same thing. Town I lived in said basement was illegal to live in because NJ says so. I couldnt find any info on this. My basement is even permitted and has a CO from this year. Still have no idea where they get this info from.
@John Walter@Mark F. John I'm also curious about what you need to make a basement legal to live in. Obviously I'm in a different area, but curious what the buzz words are.
In our area of nj the usual issue is you need a secondary full size exit AND windows must large enough to admit a fireman unfettered access with full gear on.
I lived in such a dwelling in Union City back bbn in late 70's
In my area, I pulled these directly from the city bylaws. I also spoke with the 'Construction Office' for the city, which confirmed everything for me and advised the main thing I would need is an inspector to verify the basement is "interconnected" with the first floor. This means that the stairs go directly into the unit of the first floor, and not a common space (such as a hallway).
Hope that makes sense. Let me know I can help any further.
Basement Requirements:
15.12.540 - Basement space prohibited as habitable room, dwelling unit.
No basement space shall be used as a habitable room or dwelling unit unless:
A.
The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
B.
The total of window area in each room is equal to at least the minimum window area sizes as required by Article IX of this chapter and is located entirely above the grade of the ground adjoining such window area.
C.
The total of openable window area in each room is equal to at least the minimum as required under Article IX of this chapter, except where there is supplied some other device affording adequate ventilation and approved by the housing inspector.D.
There are no pipes, ducts or other obstructions less than six feet six inches above the floor level.E.
All furnaces or other heating facilities are so located, insulated and separated from living areas by fireproof partitions or walls necessary pursuant to regulations of the fire director, so that the same do not constitute an undue hazard to the safety and health of the occupants.F.
There is a second means of egress conforming to the requirements of Section 15.12.270 of this chapter.G.
Basement space which shall be used as a habitable room or dwelling unit must conform to all provisions of this chapter and all other applicable ordinances.
Thanks John. I read my township codes and it mentions what you quoted. Even though mine is permitted with a recent CO, mine would be out due to the stairs.