Many NYC apartments — particularly basement and cellar units — are not legally certified for residential use. If you live in one, you still have tenant rights, but there are important risks and protections to understand.
An apartment is illegal if it doesn't have a valid Certificate of Occupancy for residential use. Common examples include basement apartments that don't meet ceiling height, egress, or ventilation requirements; units in buildings zoned for commercial use only; and subdivided apartments that weren't approved by the Department of Buildings.
Even in an illegal apartment, you have tenant rights. Your landlord cannot evict you without going through court. You are still protected by the warranty of habitability, anti-discrimination laws, and anti-retaliation laws. Your landlord is actually the one breaking the law by renting an illegal unit — not you.
Illegal apartments may not meet fire safety codes (lack of egress windows, fire-rated construction, or smoke/CO detectors). Flooding risk in basement units is significant. If the DOB issues a vacate order, you may need to leave with limited notice. Understanding these risks is important for your safety.
Check the Certificate of Occupancy for your building on the DOB website (DOB NOW). If your unit isn't listed or the building isn't approved for the number of units it has, it may be illegal. If you're concerned, contact a tenant attorney. Organizations like Met Council and Legal Aid can help you understand your options.
3 questions answered
Yes. Even in an illegal unit, you have the right to habitable conditions and protection from illegal eviction. Your landlord cannot simply throw you out — they must go through Housing Court.
Look up your building's Certificate of Occupancy on NYC's DOB NOW website (a810-bisweb.nyc.gov). It shows what the building is legally approved for. You can also check Lucid Rents for DOB violation history.
The city will issue violations to your landlord, who is responsible for legalizing or vacating the unit. In some cases, the city may issue a vacate order, but tenants are typically given notice and assistance.
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.