Hawthorne cracks down on illegal basement and attic apartments with proposed new rules
The mayor says the borough has received reports about these properties through neighbor complaints and landlord-tenant disputes. He has also directed inspectors to step up enforcement.
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Hawthorne officials are looking to crack down on illegal basement and attic apartments with a proposed ordinance that would add new restrictions on how homeowners can use those spaces.
The borough says it has seen more properties converted into unauthorized living spaces, raising concerns about overcrowding and safety.
Mayor John Lane says fire and zoning officials have found homes where basements and attics were turned into separate apartments without proper permits, exits or even smoke alarms.
Under the proposed ordinance, attics would not be allowed to have kitchens or kitchen facilities. The ordinance would also restrict bathrooms and plumbing fixtures, including sinks, toilets, showers and bathtubs, in attics with direct access from outside, access through a common hallway, or other arrangements that could allow the space to function as a separate apartment. Exceptions may apply to legally approved dwelling units with all required municipal and state approvals.
The proposal would also limit how attics can be used as sleeping areas. Any attic bedroom would have to connect directly to the apartment below without passing through a common hallway and meet applicable building and fire-exit requirements.
For basements, sleeping areas would have to connect directly to the home above, without passing through a common hallway or having a locking door separating the two spaces.
Basements with their own outside entrance generally would not be allowed to have both a kitchen and a full bathroom. If a legally approved kitchen is installed, only a partial bathroom with a toilet and sink would be allowed, no shower or bathtub. If a full bathroom with a shower or bathtub is approved, a kitchen or kitchen facilities would not be permitted in that basement.
Lane says the goal is not to stop homeowners from finishing their basements or improving their properties, but to make sure the work is done legally and safely.
The mayor says the borough has received reports about these properties through neighbor complaints and landlord-tenant disputes. He has also directed inspectors to step up enforcement.
The proposed ordinance is scheduled to return before the Hawthorne Borough Council on Nov. 16, 2026, for a public hearing and final consideration. According to the ordinance document, the proposed effective date is December 6, 2026.
