⚖ Violation Reference
Illegal Apartment Conversion
NYC Admin Code § 28-210.1; MDL § 301 · Property
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Creating an illegal dwelling unit by subdividing an apartment, finishing a basement into a residential unit without permits, or renting space in a building not authorized for residential use. HPD and DOB both enforce. Landlords — not tenants — are typically liable. A criminal charge may be added for repeat violations.
Fine Range
$1,000 per day (civil penalty); criminal: A Misdemeanor
Surcharge
Varies
How to Contest
- Contest at OATH (civil) or Criminal Court (criminal)
- Legalize the unit through DOB if possible — this is often the best resolution
- Challenge HPD's authority if the unit predates current zoning
Common Defenses
- Unit was lawfully created and permitted
- Ongoing application to legalize
- Violation was already corrected and dismissed
- Tenant, not owner — landlord is responsible party
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →