Section 27-2085. Occupancy of cellars and basements in new law tenements  


Latest version.
  • 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.