Section 27-2074. Minimum room sizes  


Latest version.
  • a. In all multiple dwellings erected
      after April eighteenth, nineteen hundred twenty-nine, every living  room
      shall  have  a  minimum  height  of  eight  feet, except as required for
      cellars and basements in section 27-2082 or 27-2083 of article  five  of
      this  subchapter. In a multiple dwelling erected after April eighteenth,
      nineteen hundred twenty-nine pursuant to plans filed and approved  prior
      to  December  ninth,  nineteen  hundred  fifty-five,  and classified and
      recorded in the department, at least one living  room  in  an  apartment
      shall  have  a minimum floor area of one hundred thirty-two square feet;
      if erected, constructed or altered pursuant to plans filed on  or  after
      December  ninth, nineteen hundred fifty-five, one living room shall have
      a minimum floor area of one  hundred  fifty  square  feet.  Every  other
      living  room  of an apartment in a multiple dwelling erected after April
      eighteenth, nineteen hundred twenty-nine  shall  contain  eighty  square
      feet and have a least minimum dimension of eight feet, except:
        (1) A kitchen;
        (2)  A  room  complying with the light and ventilation requirements of
      subdivision a of section 27-2058 of  article  one  of  this  subchapter,
      which  has  an  opening  of  not  less  than  sixty  square feet into an
      immediately adjoining room, may have a minimum  floor  area  of  seventy
      square feet and a least horizontal dimension of seven feet;
        (3)   A   dining  space  complying  with  the  light  and  ventilation
      requirements of subdivision f of section 27-2058 of article one of  this
      subchapter;
        (4)  One-half  the number of bedrooms in an apartment containing three
      or more bedrooms may have a least minimum dimension of seven feet;
        (5) A room in a class B multiple dwelling may have  a  floor  area  of
      sixty square feet and a least minimum dimension of six feet;
        (6) A room in a lodging house, other than an apartment occupied by the
      owner,  janitor,  superintendent  or  caretaker,  shall  comply with the
      provisions of section sixty-six of the multiple dwelling law  and  rules
      and regulations issued pursuant thereto by the department.
        No  living  room,  except  dormitories  in  a  lodging house, shall be
      subdivided or otherwise enclosed unless each such portion complies  with
      the  provisions  of  this  section  and  those for light and ventilation
      required in section 27-2058 of article one of this subchapter.
        b. In a converted dwelling, every living room  shall  have  a  minimum
      height of eight feet, except that a living room located on the top story
      shall  have a minimum height of seven feet in any part located more than
      six feet from the front of such room, and a living room in the  basement
      or cellar shall comply with the requirements of subdivision b of section
      27-2084  of  article  five  of  this  subchapter.  Except as provided in
      subdivision e of this section, a living room in an apartment shall  have
      a  least  minimum  dimension  of six feet, a minimum floor area of sixty
      square feet and a minimum of five hundred and fifty cubic feet  of  air;
      and  a  living  room  in  a  rooming  unit shall have not less than five
      hundred and fifty cubic feet of air, unless it is:
        (1) a kitchen;
        (2) a noncomplying  room  which  has  an  opening  of  not  less  than
      thirty-two and one-half square feet into an immediately adjoining room.
        c.  In  a  new  law  tenement,  every  living  room shall have a least
      horizontal dimension of seven feet, except that  if  a  living  room  is
      either  located  in a dwelling erected prior to nineteen hundred twelve,
      or is a kitchen or a sleeping room for a maid in  a  fireproof  tenement
      where  a  passenger  elevator  is operated, a least minimum dimension of
      only six feet is required. Except as  provided  in  subdivision  e,  one
      living room shall have a minimum floor area of one hundred twenty square
      feet,  and  every  other  room  shall contain seventy square feet if the
    
      minimum height of the room is nine feet, or eighty square feet  if  such
      room has a minimum height of eight feet, unless it is:
        (1) a kitchen;
        (2)   a   dining  space  complying  with  the  light  and  ventilation
      requirements of section 27-2060 of article one  of  this  subchapter.  A
      dining  space  is  not  permitted  in  an apartment with less than three
      rooms. No living room shall be subdivided or otherwise  enclosed  unless
      each such portion complies with the provisions of this section and those
      for  light and ventilation required in section 27-2058 of article one of
      this subchapter for multiple dwellings erected after  April  eighteenth,
      nineteen hundred twenty-nine.
        d.  In  an  old  law  tenement, every living room shall have a minimum
      floor area of sixty square feet, except as provided in subdivision e.
        e. In a multiple dwelling erected prior to April eighteenth,  nineteen
      hundred  twenty-nine  and  altered  pursuant  to plans filed on or after
      December ninth, nineteen hundred fifty-five:
        (1) At least one living room in an apartment and  any  room  used  for
      single  room  occupancy  shall  have a minimum floor area of one hundred
      fifty square feet.
        (2) All other living rooms in an apartment, or in a rooming unit in  a
      converted  dwelling  shall  have  a minimum floor area of seventy square
      feet, except that a room in a lodging house, other than  a  room  in  an
      apartment  occupied by the owner, janitor, superintendent, or caretaker,
      shall comply with the provisions of section sixty-six  of  the  multiple
      dwelling law and regulations issued pursuant thereto by the department.
        f.  As  used  in  subdivisions  a and e of this section, an alteration
      shall mean the subdivision of any previously existing residential units;
      the combination of residential units with  nonresidential  space  within
      the  multiple  dwelling,  any  of which results in new dwelling units or
      rooming units; or the conversion without physical change  to  a  rooming
      unit, whenever permitted under the provisions of section 27-2077 of this
      article.
        g.  Notwithstanding  any  of  the provisions of this article, in every
      multiple dwelling the minimum acceptable floor area of rooms existing on
      December ninth, nineteen hundred fifty-five shall be the present  lawful
      area,  provided,  however,  that  the  rooms have not been altered since
      December ninth, nineteen hundred fifty-five.