New York State Bar Association Recommends Legalizing Basement Apartments To Reduce Homelessness
1.22.2025
The New York State Bar Association is recommending legalizing safe basement apartments and allowing people to renovate their properties to house more people.
The association’s governing body, the House of Delegates, adopted these and other recommendations Friday following a report from its Task Force on Homelessness and the Law.
“Making housing safe and affordable keeps more people in their homes and off the streets,” said Domenick Napoletano, president of the New York State Bar Association. “There is room to house people in smaller, independent residences, such as a detached garage converted into a small home – and it’s affordable. Many thanks to our task force members for embarking on a thorough review of the changes needed to aid people in this crisis.”
According to the U.S. Department of Housing and Urban Development, there were at least 653,104 individuals experiencing homelessness nationwide and at least 103,200 in New York as of 2023.
The report also recommends:
- Mandatory diversion programs to provide landlords alternatives to eviction proceedings.
- Fewer housing restrictions for people on probation, parole, and post-release supervision, with the exception of sex offenders, violent felons and persistent felony offenders.
- Enforcement of laws prohibiting discrimination against tenants who pay rent with housing vouchers.
- Free transportation to medical appointments and pharmacies for those experiencing homelessness.
- More shelters for a variety of people experiencing homelessness including families and female veterans.
- Housing-related benefits for veterans who received a less than honorable discharge and to members of the National Guard and Reserves who were activated by the state.
- Tax incentives to create and preserve housing units.
- Expansion of New York State’s Child Tax Credit.
New York State Bar Association Past President Richard Lewis convened the task force. William T. Russell, partner at Simpson Thacher & Bartlett, chaired the task force.
