Section 27-2081
§ 27-2081 Occupancy of cellars and basements in multiple dwellings;
general requirements. No dwelling unit in a cellar or basement of a
multiple dwelling shall be occupied unless:
a. Such cellar or basement is properly lighted and ventilated to the
satisfaction of the department; and
b. Except for rooms occupied in accordance with section 27-2082 of
this article, cellar walls and ceilings are constructed of light-colored
material, or are thoroughly whitewashed or painted a light color and are
so maintained; such whitewash or paint shall be renewed as required by
the department, whenever necessary in the opinion of the department; and
c. Such cellar or basement is free from dampness. In all new law
tenements or multiple dwellings erected after April eighteenth, nineteen
hundred twenty-nine, and in all other dwellings whenever the department
determines that the subsoil conditions on the lot so require, the cellar
or other lowest floor and all exterior walls shall be dampproofed and
waterproofed to the height of the ground level; and
d. Every yard, court, or other required open space on the same lot as
the dwelling containing a dwelling unit in the cellar or basement is
adequately drained to the satisfaction of the department; and
e. Such dwelling unit complies with all of the applicable requirements
of the multiple dwelling law and of this code for dwelling units which
are not located in the cellar or basement of the dwelling, except where
more restrictive standards are required in this article.
Section 27-2082
§ 27-2082 Occupancy of cellars and basements in any multiple dwelling
with "adequate adjacent space". A dwelling unit in the cellar or
basement of a multiple dwelling may be occupied if all of the following
requirements are met:
a. Every room has a minimum height of eight feet in every part in
dwellings erected after July first, nineteen hundred fifty-seven, and of
seven feet in dwellings erected prior thereto.
b. Every room has at least one-half of its height in every part above
the highest level of an "adequate adjacent space." As used in this
section an "adequate adjacent space" is an area outside the dwelling
which:
(1) is thirty feet in its least dimension,
(2) is located on the same lot as the dwelling or in a street or
public place,
(3) is open and unobstructed, except as provided in subdivision nine
of section twenty-six of the multiple dwelling law, and
(4) abuts at the same level, or directly below, every part of the
exterior walls of every dwelling unit located on the same floor.
c. The bottom of such "adequate adjacent space" is at a level no
higher than six inches below the sill of any required window opening on
such space.
d. Whenever the floor of any part of the dwelling unit is below the
level of such "adequate adjacent space," either the ceiling, walls and
partitions of the dwelling unit are fire retarded or the dwelling unit
is equipped with a sprinkler system in a manner satisfactory to the
department.
e. The entire cellar or basement in which the dwelling unit is located
complies with all requirements of the multiple dwelling law with respect
to fire protection and to means of egress, including cellar and basement
stairs and cellar entrances.
f. A cellar occupied hereunder for dwelling purposes shall be counted
as a story for the purpose of the requirements of the multiple dwelling
law with respect to means of egress, but shall not be counted as a
separate story for the purpose of determining when a dwelling must be of
fireproof construction.
Section 27-2083
§ 27-2083 Occupancy of cellars and basements in multiple dwellings
erected after April eighteenth, nineteen hundred twenty-nine. Except as
provided in subdivision d of section 27-2082 of this article, no
dwelling unit in the cellar or basement of a multiple dwelling erected
after April eighteenth, nineteen hundred twenty-nine may be occupied
unless:
a. Every room in a dwelling erected after July fourteenth, nineteen
hundred sixty-seven has a minimum height of eight feet, and in dwellings
erected prior thereto has a minimum height of nine feet in every part,
except that four beams each not more than twelve inches wide may extend
a minimum of six inches below the basement ceiling.
b. Every part of the ceiling of every such room is above the height of
the curb level directly in front of each such part by not less than:
(1) Four feet six inches for a room in a dwelling unit located in the
front of the dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of the
dwelling. If the yard is sixty feet or more in depth, this requirement
does not apply.
Height above curb level is measured on the street on which the
dwelling fronts.
c. The level of any yard or court upon which a required window opens
conforms to the requirements of subdivision eight of section twenty-six
of the multiple dwelling law.
d. Every room has at least one window opening upon a street, yard or
court and is a part of a dwelling unit containing at least one room with
a window opening upon a street or yard.
e. A required window in every room shall comply with the provisions of
subdivision c of section 27-2058 of article one of this subchapter,
except that the total area of all windows in such room shall be at least
one-eighth of the floor area of the room and the top of each window
shall be located not more than one foot from the ceiling.
f. Except as provided in subdivision g, not more than one apartment,
as recorded in the certificate of occupancy, shall be located in the
cellar unless the yard is sixty feet or more in depth. Such apartment
shall contain no more than five rooms and a bathroom and shall be
occupied either by the janitor or a rent-paying tenant, if no member of
the family is under the age of sixteen years. No required window in any
room of such apartment shall open upon a court less than five feet in
width.
Every part of the apartment shall be:
(1) Within twenty-five feet of the inner surface of the front or rear
wall of the dwelling, or
(2) Have a window opening upon a court of the dimensions provided in
subdivision seven of section twenty-six of the multiple dwelling law but
in no event shall such court be less than ten feet in width.
g. A maximum of three additional rooms may be located in the cellar
exclusively for the use of persons regularly and continuously employed
in the maintenance of such dwelling. Each such room:
(1) Shall be completely separated from any other room or private hall;
(2) Shall have access to at least one bathroom without passing through
the apartment provided for in subdivision f; and
(3) Shall comply with the provisions of subdivision f for required
windows.
Section 27-2084
§ 27-2084 Occupancy of cellars and basements in converted dwellings.
a. Except as provided in 27-2082 of this article, no dwelling unit in
the cellar of a converted dwelling may be occupied for living purposes
unless:
(1) The yard adjoining such dwelling unit; has a minimum depth of
thirty feet or more at every point; is open and unobstructed except as
permitted by subdivision nine of section twenty-six of the multiple
dwelling law; and abuts the exterior wall of such dwelling at a level no
higher than the floor of any room contained in the dwelling unit; and
(2) The department determines that the dwelling unit is habitable.
Such a cellar shall be deemed a basement for the purpose of all
requirements of the multiple dwelling law and of this code.
b. Except as provided in section 27-2082 of this article, no dwelling
unit in the basement of a converted dwelling may be occupied unless:
(1) Every living room has a minimum height of seven feet in every
part; and
(2) Every living room has at least one window which complies with the
provisions of subdivision b of section 27-2059 of article one of this
subchapter, except that the top of at least one window shall be a
minimum of six feet above the floor, or if the room does not comply with
the foregoing provisions of this paragraph two, it complies with the
provisions of subdivision c of section 27-2059 of article one of this
subchapter.
c. The basement of a dwelling converted in accordance with the
provisions of subdivision four of section one hundred seventy-seven of
the multiple dwelling law may be occupied only if the dwelling is
classified and recorded in the department as such a converted dwelling
prior to January first, nineteen hundred sixty-six.
Section 27-2085
§ 27-2085 Occupancy of cellars and basements in new law tenements.
Except as provided in section 27-2082 of this article, no dwelling unit
in the cellar or basement of a new law tenement may be occupied unless:
a. Every room has a minimum height of nine feet in every part.
b. Every part of the ceiling of every such room is above the height of
the curb level directly in front of each such part by not less than:
(1) Four feet six inches for a room in a dwelling unit located in the
front of a dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of a
dwelling.
If the yard is sixty feet or more in depth this requirement does not
apply.
Height above curb level is measured on the street on which the
dwelling fronts.
c. The level of any yard or court upon which such a room opens
conforms to the requirements of subdivision eight of section twenty-six
of the multiple dwelling law.
d. Every room has at least one window opening upon a street, yard or
court and is a part of a dwelling unit containing at least one room with
a window opening upon a street, yard or outer court with either:
(1) A minimum width of eighteen feet and a maximum depth of thirty
feet, or
(2) A depth which does not exceed the width by more than one-half.
e. A required window shall comply with the provisions of subdivision b
of section 27-2060 of article one of this subchapter, except that the
total area of all windows in a room shall be at least one-eighth the
floor area of the room and the top of each window shall be located not
more than one foot from the ceiling.
f. Not more than one apartment, as recorded either in the certificate
of occupancy or legally existing and recorded in the department prior to
nineteen hundred twenty-nine, shall be located in the cellar unless the
yard is sixty feet or more in depth. Such dwelling unit shall contain no
more than five rooms and a bathroom and shall be occupied either by the
janitor or a rent-paying tenant if no member of the family is under the
age of sixteen years. No required window in any room of such apartment
shall open upon a court less than five feet six inches in width. Every
part of such dwelling unit shall be located within twenty-five feet of
the inner surface of the front or rear wall of the dwelling or shall
have a window opening upon a court not less than twelve feet in width.
Section 27-2086
§ 27-2086 Occupancy of cellars and basements in old law tenements. a.
No dwelling unit in the cellar of an old law tenement may be occupied
unless it complies with the requirements of sections 27-2082, 27-2083,
27-2085 of this article or all of the following provisions:
(1) Every room has a minimum height of eight feet in every part.
(2) In every room of a dwelling unit located at the front of the
dwelling, every part of the ceiling is at least four feet above the
surface of the street in front of every such part.
(3) In a dwelling unit located in the rear, every room has at least
one-half of its height in every part above the highest level of an
adjoining space which: Abuts every part of the exterior wall of such
room; has a minimum dimension of thirty feet measured at a right angle
to the outer surface of such wall; and is open and unobstructed, except
as permitted in subdivision nine of section twenty-six of the multiple
dwelling law.
(4) Every room has at least one window opening upon a street, yard or
the adjoining space required in paragraph three and at least one-half of
every such window shall open.
b. No dwelling unit in the basement of an old law tenement may be
occupied unless it complies with the requirements of sections 27-2082,
27-2083, 27-2085 of this article, subdivision a of this section, or all
of the following provisions:
(1) Every room has a minimum height of seven feet, six inches in every
part.
(2) Every room has at least one window opening upon a street, a yard
with a minimum depth of twelve feet or a court with dimensions of not
less than six feet by twelve feet. Such room is a part of a dwelling
unit containing at least one room with a window opening upon a street or
such a yard.
(3) At least one-half of a required window shall open.
c. A room in the basement of an old law tenement may be occupied by a
family solely in conjunction with their occupancy of the entire story
above, if such room has a minimum height of seven feet in every part and
is not occupied for sleeping purposes.
Section 27-2087
§ 27-2087 Occupancy of cellars and basements in one- and two-family
dwellings. a. Cellar occupancy:
No room in the cellar of a one- or two-family dwelling shall be rented
and no member of the family or families occupying the dwelling shall use
such room for sleeping, eating or cooking purposes, except that a
secondary kitchen for accessory cooking may be located in the cellar.
b. Use of basement by occupants of the dwelling:
A room in the basement of a one- or two-family dwelling may be
occupied for living purposes by members of the family or families in
conjunction with their occupancy of the dwelling if the following
conditions are met:
(1) Such room complies with all of the requirements of this code for
rooms which are not located in the cellar or basement; except that the
minimum ceiling height required in one family dwellings shall be seven
feet.
(2) Whenever the department determines that the subsoil conditions on
the lot so require, the basement or other lowest floor and all exterior
walls as high as the ground level shall be dampproofed and waterproofed.
c. Rental of basement:
An apartment, in the basement of a one-family dwelling may be
occupied, unless otherwise prohibited under the zoning resolution of the
city of New York, if it meets the requirements of subdivision b and all
of the following conditions:
(1) Such basement occupancy is limited to one family which, for the
purposes of this section, shall not include boarders.
(2) Every room shall have a window complying with the requirements of
section 27-2062 of article one of this subchapter.
(3) The bottom of any yard or other required open space shall be no
higher than six inches below the window sill of any required window in
any room.
d. Conversion to multiple dwelling. No private dwelling of more than
three stories in height which was erected after April eighteenth,
nineteen hundred twenty-nine shall be converted to a multiple dwelling
unless it complies with all the provisions of the multiple dwelling law
applicable to dwellings erected after April eighteenth, nineteen hundred
twenty-nine.
Section 27-2088
§ 27-2088 Powers of the board of standards and appeals; cellar and
basement occupancies. The board of standards and appeals shall have
those powers and authority as set forth in section three hundred ten of
the multiple dwelling law.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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