If you’ve looked for a townhouse in New York City, I’m sure you’ve seen a few “in-law” apartments. Also known as “mother-in-law” apartments, it can be slightly confusing to know what exactly an in-law apartment is and if it is legal.
The name comes from the practice of housing in-laws (especially one’s mothers-in-law) close to the family. Of course, no one wants to live on top of each other, so families would often build a smaller separate apartment where the in-laws could stay.
Most in-law apartments here in the Big Apple can be found in basements and garden-level flats, but there are plenty of exceptions to this rule. Due to the lack of regulations for construction in most of New York City’s illustrious history, each in-law apartment is unique and comes with its own set of advantages and disadvantages.
The legal name for an in-law apartment is an “accessory dwelling unit,” which refers to “an additional separate living space located on a property where only one unit would normally be.” Depending on the type of property, dwelling, zoning, and jurisdiction, some in-law apartments might be considered multi-family housing (subject to different property tax assessments) while others may not.
In-law apartments are quite common throughout the city but are especially prevalent in Williamsburg, Park Slope, Ridgewood, Greenpoint, and Middle Village.
While there are really no rules as to what defines an in-law apartment, it is worth making sure that it is legal for you to rent. This is because, New York City housing code allows property owners to have a family member (in-law, adult child, or sibling) live in an additional apartment in a house that is legally designated for one family. In this case, it would be illegal to rent out the apartment to someone outside of the family. However, if the apartment is certified as a two-family, then it is legal to rent out to a non-family member. So before you rent an in-law apartment, do your homework and make sure that the apartment you are looking at meets New York City’s regulations.
That said, there are plenty of legal in-law apartments which make for some delightful stays in New York.
For example, this in-law apartment, located in Park Slope, is a prime example of the benefits of living in an in-law apartment. Found in a classic, roomy pre-war apartment, this studio was originally designed to accommodate in-laws but has since been remodeled into a studio apartment. It features two large windows, brick walls, and hardwood floors that give the apartment a classic yet cozy atmosphere.
The small size, cozy nature, and smart design of in-law apartments like this one are the main reasons why they are sought after. So next time you are looking for a small apartment in NYC, don’t miss out on the gold mine that is in-law apartments.
