NYC Admin Code › Chapter 2: Housing Maintenance Code › Subchapter 3: Physical and Occupancy Standards for Dwelling Units › Article 5: Occupancy of Cellars and Basements
§ 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.
- Source
- NYC Admin Code, as published by American Legal Publishing, the City's official publisher
- Last amended
- No amendment date in the official history
- Checked
- Matched the official code on October 1, 2026
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