If you own a one or two family home in the Bronx and currently rent out a basement or cellar apartment that is not legal, there is an important update you need to know about.

New York City has launched a pilot program that gives certain Bronx homeowners the opportunity to legalize basement and cellar apartments without facing fines or penalties. For many property owners, this could be a major step toward protecting their investment, increasing property value, and creating safer housing for tenants.

What Is the Authorization for Temporary Residence Program?

The Authorization for Temporary Residence Program, also known as the ATR Program, allows eligible homeowners to bring existing basement or cellar apartments into compliance with city regulations over time.

This program was announced by New York City in November 2024 and is designed to address long standing issues around illegal basement apartments while improving housing safety.

Who Qualifies for the ATR Program?

The program is available to owners of one or two family homes located in specific Bronx community districts.

Eligible Bronx areas include neighborhoods such as:

Morris Park

Parkchester

Castle Hill

Clason Point

Soundview

Unionport

Throggs Neck

City Island

Pelham Bay

Eastchester

Pelham Parkway

Van Nest

Allerton

Bronxdale

Wakefield

Williamsbridge

Woodlawn

Edenwald

Baychester

Only properties located in Community Districts 9, 10, 11, and 12 qualify under the current pilot program.

What Does the Application Process Look Like?

Homeowners must apply to the ATR Program and agree to bring their basement or cellar unit into compliance over time. The process includes:

Submitting an application for the program

Completing required safety and building upgrades

Meeting zoning and housing code requirements

Maintaining compliance throughout the program timeline

The full legalization process can take several years, in some cases up to ten years, depending on the scope of work required.

What Upgrades May Be Required?

Each property is different, but homeowners may be required to make improvements related to:

Fire safety and egress

Ceiling height and ventilation

Electrical and plumbing systems

Flood protection measures

These upgrades are designed to create safer and healthier living conditions for tenants.

How Does This Affect Current Tenants?

One of the most common questions homeowners ask is how this program affects existing tenants. In many cases, tenants may be allowed to remain while upgrades are completed, depending on the scope of work and safety requirements.

This program is intended to balance tenant safety with homeowner flexibility.

What Happens If You Do Nothing?

If you continue to rent out an illegal basement apartment without taking action, you may face enforcement issues in the future, including fines or orders to vacate.

The ATR Program provides a pathway to compliance that avoids penalties, but it requires proactive participation.

Important Deadline to Know

The application deadline for the ATR Program is April 20, 2029. While that may seem far away, homeowners are encouraged to start early to understand their options and plan accordingly.

Learn More About Your Options

If you are a Bronx homeowner with a basement or cellar apartment, this program could be a significant opportunity to protect your property and improve long term value.

In the video above, I walk through the ATR Program step by step and explain what homeowners should consider before applying.

If you have questions about whether your property qualifies or want to discuss your options, feel free to reach out anytime.

If you are thinking about making a move, reach out anytime to start the conversation.

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Walter Sarmiento
RE/MAX Distinguished Homes & Properties

​273 Columbus Ave, Tuckahoe, NY 10707