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    Is the Impossible Possible? Relief, and a New Precedent for One and Two Family Owners

    Quite often Metropolis will receive calls from homeowners or their architects with a request to legalize 3 piece bathrooms in cellars. Traditionally, getting this type of approval has been next to impossible. While we have advised clients of this, quite often they still choose to pursue the approval. As consultants, we support our clients completely and therefore go all out to help them.

    Such was the recent case for the owner of a single family home in Queens. They received a violation for their cellar arrangement and ended up having their application audited by the SEP division. For over a year we pursued a reconsideration to try to have their 3 piece bath accepted. We were rebuffed at every step and finally ended up at the last hope – Technical Affairs.

    Our persistence paid off! Not only was the reconsideration granted but the DOB has stated that this determination can be used as a new precedent for one and two family dwellings.

    The DOB has mandated seven conditions which, if met, will allow this reconsideration. Below is the actual language from their response.

    Proposed bathroom with three fixtures in connection with one or two family residence may be allowed in the cellar provided:

    1. The cellar is open without partitions except for the boiler room;

    2. The cellar is connected with an open stair to the residence above except for a door at the top of the stair;

    3. The cellar shall be provided with direct access to the outdoors;

    4. The cellar is provided with smoke and carbon monoxide detectors;

    5. No kitchen facilities shall be permitted in such cellar;

    6. Where an Alt 2 application is filed, a restrictive declaration shall be filed and recorded prohibiting the use of the cellar for living, sleeping, cooking or separate rental;

    7. Where an NB or an Alt 1 is filed, a notation shall be posted on the schedule ‘A’ and on the certificate of occupancy stating “the three fixture bathroom located in the cellar shall be used solely in connection with the dwelling unit above. No living, sleeping or cooking is permitted in the cellar.”

    This determination shall be used as a precedent for two or three fixture bathrooms proposed in cellars accessory to one and two family residences.

    Posted By Austin Regan

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