NYC Illegal Basement Apartment Help
Did you buy a NYC house with an illegal basement apartment?
If you got a 311 complaint, a Notice to Inspect, or a Department of Buildings (DOB) violation, you are not stuck. There is a process — and we will walk you through every step of it.
How it usually goes
It starts small — then escalates fast
This is the sequence most NYC homeowners go through. If any of it sounds like your week, you are in the right place.
- It startsA 311 complaint you never saw coming.
- ThenA Notice to Inspect — the DOB wants inside.
- The problemThe basement apartment was never legal.
- The turnOne call — and finally a plan.
What comes next
You will not be guessing your way through this
From the first consultation, you will understand the violation, the deadlines, and the path to legalization or correction.
Here is what actually happens
A DOB violation follows a process — not a dead end
Knowing the four stages ahead of time is the difference between panic and a plan.
Notice of Violation
The DOB inspector issues an NOV describing the violation, the required remedy, and a hearing date.
Upon inspection
Correction Period
You have a window to correct the condition before the hearing — its length depends on the violation class.
Immediate or 60 days
The OATH Hearing
OATH is the city’s hearings tribunal — where your violation is actually decided. The hearing sets the penalty and whether the violation stands.
Scheduled date
Resolution
The matter closes through a Certificate of Correction, penalty payment, or an appeal where appropriate.
Varies by case
Want the detail? Read our full DOB violation guide.
And what about the tenant in the basement?
This is the question that keeps homeowners up at night. You inherited a tenant living in a unit the city says was never legal — and you are not sure if you can collect rent, ask them to leave, or whether doing either creates a new problem.
Here is what matters: an illegal unit changes a tenant’s rights, and there are things you should not do on your own — changing locks, shutting utilities, or pressuring a tenant out can turn one problem into several.
If the city deems the basement unsafe, the DOB or HPD can issue a Vacate Order — a directive that the unit be emptied and not occupied. That puts the timeline in the city’s hands, not yours. Knowing whether your property is at that risk is one of the first things we check.
We will look at your specific situation and tell you exactly what you can do, what you cannot, and the order to do it in — so you protect yourself instead of stepping into a bigger mess.
Why homeowners call us
We do this every week
NYC buildings law is what we do
DOB and OATH violations across all five boroughs — not a side practice.
Certificates of Correction
We prepare and file the DOB paperwork that closes violations — routinely.
We move on your timeline
Missed deadlines cost the most. We help you act before the hearing, not after.
Straight answers
Questions homeowners ask us first
You did not create this problem. You do not have to solve it alone.
A free 15-minute case review tells you exactly where you stand — the deadline, your options, and what to send us. Picking up the phone is the easiest part.
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general and not legal advice; contacting Nacmias Law Firm does not create an attorney-client relationship.