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Is my Basement Unit Rental Legal? Vol. 7

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“Dear PoPville,

Historically, of course, a large percentage of English basement rental units were not technically legal, because the landlord did not have a Certificate of Occupancy for two units (unsurprising, given how onerous that process seems to be). My question is whether the Accessory Apartment Zoning rule which was passed last fall obviates that requirement, as long as your basement unit meets all the requirements of that rule.

This website certainly seems to suggest that to be the case, particularly when it notes that “Prior to renting an accessory apartment in any zone, the property owner shall obtain a Residential Rental Business License from the Department of Consumer and Regulatory Affairs and the property shall be inspected for relevant housing code compliance.” To me, the omission of any CoO requirement is significant.”

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