Renting out English basement ineligible for separate CofO (DC)?

[Anonymous]

We have a house with an in law suite in the basement that we would like to rent out or AirBnB. I’d be happy to do/pay whatever is necessary for a separate C of O if I could, but I can’t because the ceilings are only about 6’6”. My understanding is that that’s a hard and fast no, which — frankly — seems insane.

But can I just structure a lease as a roommate situation where the person only has access to the basement? I mean, it is a room in my house just like any other room and presumably having a housemate isn’t illegal? Do you actually need any kind of license to have a roommate? What am I missing? I’d be willing to give them legal access to the rest of my house if required... I’d just limit tenants to friends of friends then and hope we had a mutual understanding that they wouldn’t typically be upstairs as a practical matter (although I am actually completely happy to give them access to the shared backyard/patio.

Similarly, could I AirBnB it if I just describe it as a room in my house rather than a whole property? I know folks rent single rooms without allowing access to the whole house... Why would this be different?

[Anonymous]

Legally, you can't do this. But, lots of people do. Whatever you do, please make sure the space is safe for tenants. Make sure there is a working smoke/carbon monoxide detector. Make sure there is an adequate egress from the bedroom (no bars, big enough and low enough that someone can get out in an emergency.

[Anonymous]

It's not uncommon at all to rent basements without a C of O, as I'm sure you're aware. From talking to inspectors and realtors about it, the general consensus is that the probability of getting caught by DCRA is very low, and the range of outcomes not very serious.

The typical issues, other than ceiling height, are separate utility metering, stairs that go upstairs, and egress standards (bedroom window size and height from the floor). Personally, I think it's not a great idea to ignore egress standards, as it creates a potential hazard for occupants in a fire (and probably a legal liability if something were to happen). But, I've never understood why the other two issues are a concern for receiving a CofO, and they also make it more difficult for a homeowner to convert the space back to owner-occupant use in the future.

[Anonymous]

Anonymous wrote:Legally, you can't do this. But, lots of people do. Whatever you do, please make sure the space is safe for tenants. Make sure there is a working smoke/carbon monoxide detector. Make sure there is an adequate egress from the bedroom (no bars, big enough and low enough that someone can get out in an emergency.

I’m actually trying to figure out if there’s any way I could do it legally (or even gray area). I don’t quite understand how I could take on a roommate legally (I assume?) but not a roommate who lives in the basement? The unit is connected/actually in my house, it’s not like a only separately entrances/separately metered property. The space is perfectly safe in all the ways you describe — actually two ways out plus up to my house. Right now my family lives in it!

[Anonymous]

In a pure roommate situation where the whole house is open, (you can still lock basement doors) it is legal.

Many years ago I almost rented a place like that with no CO and lease specifically said (No sleeping allowed in unit), Of course no one was checking, but landlord did not have a CO and did not want leases that put it as a place people live.

I have also seen ads for sub-let rent stabilized/rent control unit units that said "no mail allowed"

If you want to be safe get a roomate who is using it as a pied a tier. Tons of folks who live in Different states who work in DC area just looking for place to sleep during week.