Section 27-2083. Occupancy of cellars and basements in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine  


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  • 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.