³ 289. Basement and cellar local laws and regulations. 1.
Notwithstanding any other provision of this chapter to the contrary, in
a city with a population of one million or more, the local legislative
body may, by local law, establish a pilot program to address, (a) the
legalization of specified inhabited basement dwelling units and
inhabited cellar dwelling units in existence prior to the effective date
of this article through conversion to legal dwelling units, or (b) the
conversion of other specified basement and cellar dwelling units in
existence prior to the effective date of this article to legal dwelling
units, provided that any such other specified basement and cellar
dwelling unit in existence prior to the effective date of this article
is located in any of the community districts specified in subdivision
four of this section. The local law authorized by this section, and any
rules or regulations promulgated thereunder, shall be protective of
health and safety according to standards established in consultation
with the fire department of the city of New York, department of
buildings, and office of emergency management. The local law shall
further provide that any application to legalize or convert a basement
or cellar dwelling unit to a legal dwelling unit located within a flood
hazard area as defined in section two hundred two of the city building
code shall be subject to additional health and safety standards.

The local law authorized by this section, and any rules or regulations
promulgated thereunder, shall not be subject to environmental review,
including environmental review conducted pursuant to article eight of
the environmental conservation law and any state and local regulations
promulgated thereunder.

2. (a) The pilot program established by such local law may provide to
an owner accepted into the program who converts an inhabited basement
dwelling unit or inhabited cellar dwelling unit in accordance with a
local law authorized by this article or who otherwise abates the illegal
occupancy of an inhabited basement dwelling unit or inhabited cellar
dwelling unit, (i) freedom from any civil or administrative liability,
citations, fines, penalties, judgments or any other determinations of or
prosecution for civil violations of this chapter, other state law or
local law or rules, and the zoning resolution of such city, and (ii)
relief from any outstanding civil judgments issued in connection with
any such violation of such laws, rules or zoning resolution issued
before the effective date of this article.

(b) Provided, however, that the provisions of subparagraphs (i) and
(ii) of paragraph (a) of this subdivision shall only apply to violations
of such laws, rules, or zoning resolution that rendered an inhabited
basement dwelling unit or an inhabited cellar dwelling unit illegal
before the effective date of this article and the conduct constituting
such violation would not violate the local law adopted pursuant to this
article.

(c) Provided, further that such local law shall require that all
applications for conversions be filed by a date certain subsequent to
the effective date of this article, provided that such date shall not
exceed five years after the effective date of this article.

3. Such local law may provide that any provision of this chapter shall
not be applicable to provide for the alterations necessary for the
conversion of a specified inhabited basement dwelling unit or inhabited
cellar dwelling unit or other specified basement or cellar dwelling unit
in existence prior to the effective date into a lawful dwelling unit.
Any amendment of the zoning resolution necessary to enact such program
shall be subject to a public hearing at the planning commission of such
city, and approval by such commission and the legislative body of such
local government, provided, however, that it shall not require
environmental review, including environmental review conducted pursuant
to article eight of the environmental conservation law and any state and
local regulations promulgated thereunder, or any additional land use
review.

4. The program established by a local law enacted pursuant to this
section shall be applicable only within community districts selected by
the local legislative body from the following list: Bronx Community
District nine; Bronx Community District ten; Bronx Community District
eleven; Bronx Community District twelve; Brooklyn Community District
four; Brooklyn Community District ten; Brooklyn Community District
eleven; Brooklyn Community District seventeen; Manhattan Community
District two; Manhattan Community District three; Manhattan Community
District nine; Manhattan Community District ten; Manhattan Community
District eleven; Manhattan Community District twelve; and Queens
Community District two. Prior to the adoption of the local law
authorized by this section, but no later than ninety days after the
effective date of this article, the community board of a community
district named in this subdivision may adopt and submit to the speaker
of the city council a resolution in support or opposition of the
inclusion of the community district in the program established by the
local law authorized by this article.