Nosy Neighbor & Renting illegal ADU/basement unit in 2-fam

[Alejandro Tirso]

**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??

[John Walter]

@Mark F. @Michael King

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.

(Prior code § 32-74)