Thursday, April 17, 2025
At its meeting on Feb. 18 the Lynbrook village board voted to increase fines and introduce stricter penalties for illegal alterations to one- and two-family homes, moves aimed at curbing illegal housing conversions and over-occupancy in residential areas.
Under the revised regulations, property owners who violate occupancy laws will face fines ranging from $6,000 to $12,000 for a first offense, an increase from the previous $4,500 minimum fine.
Subsequent violations will be subject to fines of $12,000 to $40,000, depending on the severity of the infraction. In addition to the monetary penalties, the new guidelines include provisions for revoking a property’s legal nonconforming use, or grandfathered, status.
For example, a legal two-family home found to have been illegally converted into a three-family dwelling will face fines, lose its certificate of occupancy and be required revert to single-family use.
“The loss of a certificate of occupancy following a conviction for illegal over-occupancy is serious business,” Village Attorney Thomas Atkinson said. Without a certificate of occupancy, no one can occupy a home, making it difficult to sell or lease the property.
The new measures aim to address the growing concern over illegal housing conversions in the village, particularly basement or attic apartments that have been created without proper permits.
After World War II, the village allowed conversions of one-family homes to two-family occupancy to address a housing shortage, deeming them legal non-conforming homes.
In recent years, Mayor Alan Beach said the village has uncovered instances of owners moving out of their converted two-family homes and renting them out entirely.
“It becomes a cash cow for them, because now it becomes a rental property as a two-family home,” Beach said. “Then they try to make the basement or another area of the house into a three-family home, and that becomes very dangerous.”
These alterations lead to overcrowded homes, which can present safety hazards and strain local sanitation, police and fire services.
“It just starts getting bigger and bigger and bigger, and then it’s just total disrespect to the neighbors,” Beach said.
Village officials emphasized that while many properties in the area are already zoned as legal two-family homes, problems arise when their owners illegally expand their occupancy. The creation of multiple-rental units can overwhelm a neighborhood and reduce property values.
“This is a proactive step by the village board to combat illegal over-occupancy,” Atkinson said.
Since court cases typically take some time, tenants who are renting illegal units will in most cases be allowed to complete their leases, but homeowners will not be able to renew them.
The new rules will be enforced through a combination of complaint-driven reports and inspections by the village’s Building Department.
Property owners who wish to correct illegal alterations can apply for permits to do so.
The village has opted not to implement a rental registration law, despite having considered the measure in the past. Without such a law, officials will continue to address illegal alterations by way of building inspections and enforcement actions.
Illegal housing refers to residential units, or alterations to them, that do not comply with local zoning laws, building codes or occupancy regulations. They include:
Fines for violating housing laws in Lynbrook:
Additionally, properties found in violation may lose their certificate of occupancy, making it difficult to rent or sell the property.
For more information on the new regulations or to report a possible code violation, residents can contact the village Building Department.
