Possible to Convert Illegal Cellar to Legal Apartment?

[Dennis Gallof]

Hi,

My father purchased this 2-family house (R5 Zone) back in 1976 in Astoria Queens, and just like many other landlords in NYC he rents out the cellar/basement.

I've been reading online the definition between a basement and cellar based on the link below, and I think my father's falls under a cellar. Even though the property slopes down and on the side of the building there are full size windows going all the way back, and then windows and separate entrance from the back. You can also access this apartment from the main entrance that has stairs going down to the apt; so it has a front and back entrance.

https://www.nyc.gov/site/hpd/services-and-information/basement-and-cellar.page

My father is getting older and he just doesn't want to deal with the house anymore, and will be passing it down to me. The house is paid off, and I'm trying to see what my best option is to do with it.

I would like to do a full gut renovation on all 3 apartments, but I would like to be able to see if it's possible to convert the cellar to be a legal apartment and get a CO that states "multi-dwelling" instead of "2-family".

Does anyone have any experience with this? Would reaching out to a real estate lawyer or architect be better to see if it's possible to convert to a legal apt?

I came across this article and it seems like there is a push for this and to make basement/cellar apartments legal but still hasn't happened. It looks like they launched a pilot program in 2019 but costing homeowners up to $1M to do the conversion.

https://citylimits.org/2023/03/13/in-new-yorks-fight-to-legalize-basement-apartments-what-about-cellars/

I don't want to end up selling the place because it is good cash flow and would be even better once I renovate all the apartments.

Thank you.