Cal. Civ. Code § 290
Tenant protections in inhabited basement dwelling units and inhabited cellar dwelling units
Operative Text
§ 290. Tenant protections in inhabited basement dwelling units and inhabited cellar dwelling units. 1. The program authorized by this article shall require an application to make alterations to legalize an inhabited basement dwelling unit or inhabited cellar dwelling unit be accompanied by a certification indicating whether such unit was rented to a tenant on the effective date of this article, notwithstanding whether the occupancy of such unit was authorized by law. A city may not use such certification as the basis for an enforcement action for illegal occupancy of such unit, provided that nothing contained in this article shall be construed to limit such city from issuing a vacate order for hazardous or unsafe conditions. 2. The local law authorized by this article shall provide that a tenant in occupancy at the time of the effective date of this article, who is evicted or otherwise removed from such unit as a result of an alteration necessary to bring an inhabited basement dwelling unit or inhabited cellar dwelling unit into compliance with the standards established by the local law authorized by this article, shall have a right of first refusal to return to such unit as a tenant upon its first lawful occupancy as a legal dwelling unit, notwithstanding whether the occupancy at the time of the effective date of this article was authorized by law. Such local law shall specify how to determine priority when multiple tenants may claim such right. 3. A tenant unlawfully denied a right of first refusal to return to a legal dwelling unit, as provided pursuant to the local law authorized by this article, shall have a cause of action in any court of competent jurisdiction for compensatory damages or declaratory and injunctive relief as the court deems necessary in the interests of justice, provided that such compensatory relief shall not exceed the annual rental charges for such legal dwelling unit.
New York Multiple Dwelling Law § 290 establishes tenant protections tied to a legalization program for basement and cellar dwelling units. When an owner applies to legalize such a unit, they must certify whether a tenant was living there when the law took effect, and that certification cannot be used to pursue an illegal-occupancy enforcement action against the unit — though cities retain authority to issue vacate orders for hazardous conditions. Tenants who are displaced during the legalization process hold a right of first refusal to return to the unit once it becomes a legal dwelling, and those unlawfully denied that right may pursue compensatory damages (capped at one year's rent) or declaratory and injunctive relief in court.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 290, operators seeking to legalize a basement or cellar dwelling unit through the authorized program are generally expected to submit a certification disclosing whether a tenant occupied the unit on the law's effective date. Compliant operators also honor the right of first refusal for any tenant who was displaced as a direct result of the legalization alterations, offering that tenant the opportunity to return as the first lawful occupant once the unit meets legal standards. Where multiple displaced tenants may assert competing claims, the applicable local law governs how priority is determined, so operators benefit from understanding the specific local law enacted under this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 290 provides that if you were living in a basement or cellar dwelling unit when this law took effect and you were displaced because of alterations required to bring the unit into legal compliance, you generally hold a right of first refusal to return to that unit once it is certified as a legal dwelling. If that right is unlawfully denied, § 290 gives you a cause of action in court for compensatory damages — capped at one year's rent for the unit — or for declaratory and injunctive relief. Tenants who believe their right of first refusal has been violated may consider consulting a tenant-rights organization, contacting a local rent board if one applies, or speaking with an attorney familiar with New York housing law to understand available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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