Section 27-2084. Occupancy of cellars and basements in converted dwellings  


Latest version.
  • 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.