Converting Queens:
Needed Shelter Or Potential Danger? 

By RICHARD FASANELLA

The call went out at 8:25 on a lazy Sunday morning. A fire was raging at a local bodega in Queens. The wail of sirens pierced the early morning, and when the firefighters arrived, they discovered another problem: a host of illegal apartments in the cellar where numerous people were trapped by the flames.

As firefighters burst through locked doors on each of the jail cell-sized rooms, terrified people spilled out into the smoky basement. Five of them were injuried by the smoke and blaze.

Throughout the borough, the ever-shrinking supply of decent, affordable housing has helped feed the growing number of illegal apartments that pop up in nearly every available nook and cranny. However, the problem is not regulated to the more congested neighborhoods, where it often goes unnoticed.

Five residents living in a cluster of illegally converted apartments below these Corona cellar doors were injured in a recent fire. Tribune Photo By Ira Cohen

In Queens, even the more affluent communities have seen this transformation, albeit in a much subtler manner, creating thousands of illegal apartments and pockets of mild poverty on otherwise middle-class streets.

An illegal conversion is the creation of one or more addititional dwelling units within a home without first receiving the approval of, and permits from, the New York City Department of Buildings. Such conversions often involve the alteration or modification of an existing one-family or two-family home by adding an apartment in the basement or attic. Sometimes several dwelling units are added to a home to create an illegal rooming house.

The City of New York regulates this activity to protect the health and safety of its residents. Illegal conversions are frequently done in violation of existing fire and building codes, and constitute a significant danger to tenants and other individuals living in the building.

The conversions also attack the quality of life in local neighborhoods by crowding more people into an area than was originally intended. This unplanned growth causes a severe strain on municipal services, and frequently results in school overcrowding, reduced parking, understaffed police stations and increased sewer and sanitation problems.

The city has laws on the books that penalize landlords for the creation of illegal apartments, including the imposition of per diem (per day) fines. However, even city officials have acknowledged that the enforcement system lacks the power to force the landlords to comply with regulations. Some find that it is actually cheaper to pay the fines rather than stop collecting rent from the illegal conversions.

"When the City Council last visited the problem of illegal conversions, we enacted stiffer penalties with assurances we would reverse the trend," said Councilman Sheldon Leffler. "Illegal conversions violate the building code and zoning resolution and are often a public safety hazard. In dealing with this public safety hazard, the Department of Buildings launched a campaign to correct this problem. The history of the past two years has revealed many flaws in the law that the City Council seeks to correct. Government also failed to address the real problem, that is inadequate, unaffordable and often sub-standard housing."

While Mayor Rudy Giuliani has called the local laws "the centerpiece of a comprehensive strategy to combat the growing problem of illegal conversions," they have yet to make a serious dent in halting and ultimately reversing the trend.

"It is no wonder that illegal apartments crop up in every neighborhood," Leffler added. "It appears that illegally converted units are the only ‘affordable’ housing left in Queens. People are desperate to find decent housing, and homeowners are stretched to make payments to maintain their homes. The trickle down theory as applied to housing just doesn’t work. Luxury housing continues to find a niche in New York while housing for the poor and middle class is not on the radar."

The lack of affordable housing proves to be a problem statewide, according to a recent U.S. Census Bureau report that lists New York next to last in the number of housing units created — above only West Virginia — between 1990 and 1998.

Between April 1, 1990 and July 1, 1998, the number of housing units in New York rose from 7,227,059 to 7,455,399, an increase of 228, 340. Those numbers translate into a 3.2 percent increase in the number of houses across New York State, while the rest of the nation had an average of 10 percent growth, according to the report.

"Of course the ultimate solutions is to create more affordable housing," said Queens Borough President Claire Shulman. "But the illegal conversions of residential homes is not the answer."

In spite of actions to develop a tough but fair program to combat illegal apartments, the problem continues to cause life-threatening situations like the recent bodega fire in Corona.

"The proliferation of illegal apartments is a danger and a problem to both the people who live in these dwellings and to their neighbors," said Shulman. "Illegal apartments often exist in cellars and basements of old, wood-frame homes, with inadequate electrical wiring. This creates dangerous conditions for residents in terms of fire, and often existing infrastructure cannot satisfy the neighborhood need."

While city officials attempt to give some perspective to the topic and say they are doing all they can, residents feel that progress is very slow and that the underlying issues behind illegal conversions are not being addressed.

Some long-time Queens residents also feel that there is a strong connection between the growing number of illegal apartments and the increasing immigrant population. Residents have questioned whether the real issue concerns expanding city services to accommodate the swelling populace or creating stricter immigration restrictions.

Meanwhile, members of local immigrant communities continue to argue that the City’s crackdown on illegal conversions unfairly targets them. Residents have said that it is unfair to fine them and threaten eviction when they do not have any other affordable housing options.

This is not to say that any attempt to alter existing housing is illegal. Depending on the circumstances, it is sometimes permissible to add an apartment to a home. However, the homeowner must follow a series of strict criteria to determine if they can construct any additions to their property.

Illegal conversions: How many people can you squeeze into a Queens two-family house? Tribune Photo By Ira Cohen

First, the building must be in an area which is zoned to allow additional dwelling units. Second, the property lot and building size must meet the zoning requirements. Third, you must obtain a building permit from the New York City Buildings Department to add the new dwelling unit. Finally, the Certificate of Occupancy must be changed to reflect the current status and use of the home.

Homeowners who are considering adding an apartment to their home are encouraged to first speak with a licensed architect or engineer, who will tell you whether it is legal to do so based upon the applicable zoning in your area.