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City Official Explains Illegal Conversions At Civic Meeting John Gallagher, a code and zoning specialist from the city's Department of Buildings addressed the basics of how to determine if a private home or a building has an illegal conversion and how to solve it at last week's United Canarsie South Civic Association meeting. Gallagher explained that creating an additional housing unit or changing a unit in a dwelling without first obtaining the approval of the NYC Department of Buildings is illegal and can result in hefty fines, which are called Environmental Control Board (ECB) violations. Basically, he said an illegal conversion is having a basement, cellar, garage or attic for use as a dwelling space where another lives when it is not allowed, according to the zoning laws or building plan. He said that everyone must comply with building codes and zoning laws and it is crucial to always look at the certificate of occupancy. However, in some instances there are ways to legalize an illegal conversion to a legal dwelling. "Most reported violations come as a result of a complaint and then by law we have to investigate," Gallagher said. "These conversions create problems, such as parking, overcrowded schools, an overflow of garbage, backed up sewer systems, and a reduction in the quality of life in a neighborhood." Basements can be used for recreation, storage or a laundry room in most cases, but usually not for a living space with a bathroom, according to Gallagher. He said that the homeowner is always responsible to find out how he can use his basement or attic within the realms of the law. Consulting a licensed engineer or an architect when legalizing a home unit is a wise choice. He also warned that ECB violations can start at $250 and then go up to $10,000, so it is always good to address the problem before this happens. Canarsie resident Charlie Zambrana and a few other local residents wanted to know the process of reversing an ECB violation. "My neighbor's house, which is on East 91st Street and was built in the 1920's just received a fine for violating a construction code and she wants to reverse it," said another resident at the meeting. Gallagher said that if given a violation, you can go pay the initial fine and an administrative law judge will hear the case, but usually a violation is not negated until it is fixed, according to the law. By logging onto www.nyc.gov/buildings, information can be accessed concerning violations and certificates of occupancy for any property in New York City, Gallagher said. "Violations are very costly and time consuming and it is better to research your property before purchase or before converting a unit into a dwelling space," Gallagher said.
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