Sec.
[D26-34.01] 27-2081 Occupancy Or cellars and basements
in multiple dwellings; general requirements
No dwelling unit
in a cellar or basement of a multiple dwelling shall be occupied unless:
a. Such cellar
or basement is properly lighted and ventilated to the satisfaction of the department;
and
b. Except for
rooms occupied in accordance with section 27-2082 of this article, cellar walls
and ceilings are constructed of light-colored material or are thoroughly whitewashed
or painted a light color and are so maintained; such whitewash or paint shall
be renewed as required by the department, whenever necessary in the opinion
of the department; and
c. Such cellar
or basement is free from dampness. In all new law tenements or multiple dwellings
erected after April 18, 1929, and in all other dwellings whenever the department
determines that the subsoil conditions on the lot so require, the cellar or
other lowest floor and all exterior walls shall be damp proofed and waterproofed
to the height of the ground level; and
d. Every yard,
court, or other required open space on the same lot as the dwelling containing
a dwelling unit in the cellar or basement is adequately drained to the satisfaction
of the department; and
e. Such dwelling
unit complies with all of the applicable requirements of the multiple dwelling
law and of this code for dwelling units which are not located in the cellar
or basement of the dwelling, except where more restrictive standards are required
in this article.
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Sec.
[D26-34.03] 27-2082 Occupancy of cellars and basements
in any multiple dwelling with "adequate adjacent space"
A dwelling unit
in the cellar or basement of a multiple dwelling may be occupied if all of the
following requirements are met:
a. Every room
has a minimum height of eight feet in every part in dwellings erected after
July 1, 1957, and of seven feet in dwellings erected prior thereto.
b. Every room
has at least one-half of its height in every part above the highest level of
an "adequate adjacent space." As used in this section, an "adequate adjacent
space" is an area outside the dwelling which:
(1) is thirty
feet in its least dimension,
(2) is located
on the same lot as the dwelling or in a street or public place,
(3) is open
and unobstructed, except as provided in subdivision 9 of section 26 of the
multiple dwelling law, and
(4) abuts at
the same level, or directly below, every part of the exterior walls of every
dwelling unit located on the same floor.
c. The bottom
of such "adequate adjacent space" is at a level no higher than six inches below
the sill of any required window opening on such space.
d. Whenever the
floor of any part of the dwelling unit is below the level of such "adequate
adjacent space," either the ceiling, walls and partitions of the dwelling unit
are fire retarded or the dwelling unit is equipped with a sprinkler system in
a manner satisfactory to the department.
e. The entire
cellar or basement in which the dwelling unit is located complies with all requirements
of the multiple dwelling law with respect to fire protection and to means of
egress, including cellar and basement stairs and cellar entrances.
f. A cellar occupied
hereunder for dwelling purposes shall be counted as a story for the purpose
of the requirements of the multiple dwelling law with respect to means of egress,
but shall not be counted as a separate story for the purpose of determining
when a dwelling must be of fire proof construction.
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Sec.
[D26-34.05] 27-2083 Occupancy of cellars and basements
in multiple dwellings erected after April 18, 1929
Except as provided
in section subdivision d of section 27-2082 of this article, no dwelling unit
in the cellar or basement of a multiple dwelling erected after April 18, 1929
may be occupied unless:
a. Every room
in a dwelling erected after July 14, 1967 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. [*As enacted but
"maximum" probably intended]
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 26 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 25
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
26 of the multiple dwelling law but in no event shall such court be less then
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 he
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.
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Sec.
[D26-34.07] 27-2084 Occupancy of cellars and basements
in converted dwellings
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 30 feet or more at every
point; is open and unobstructed except as permitted by subdivision nine of
section 26 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 widow shall be a minimum of six feet above the floor, or if
the room does not comply with the foregoing provisions of this paragraph (2),
it complies with the provisions subdivision c of section 27-2059 of this subchapter
of article one of this subchapter.
c. The basement
of a dwelling converted in accordance with the provisions of subdivision 4 of
section 177 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 1, 1966.
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Sec.
[D26-34.09] 27-2085 Occupancy of cellars and basements
in new law tenements
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
60 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 26 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 18 feet and a maximum depth of 30 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 it the department prior to 1929. shall he 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 25 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.
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Sec.
[D26-34.11] 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 30 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 26 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 (3) and at least one-half of every such windows 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 no 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.
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Sec.
[D26-34.13] 27-2087 Occupancy of cellars and basements
in one- and two-family dwellings
a. Cellar occupancy:
No room in the
cellar of a one-or two-family dwelling shall be rented and no member of the
family or families occupying the dwelling shall use such room for sleeping,
eating or cooking purposes, except that a secondary kitchen for accessory cooking
may be located in the cellar.
b. Use of basement
by occupants of the dwelling:
A room in the
basement of a one- or two-family dwelling may he occupied for living purposes
by members of the family or families in conjunction with their occupancy of
the dwelling if the following conditions are met:
(1) such room
complies with all of the requirements of this code for rooms, which are not
located in the cellar or basement; except that the minimum ceiling height
required in one family dwelling shall be seven feet.
(2) whenever
the department determines that the subsoil conditions on the lot so require,
the basement or other lowest floor and all exterior walls as high as the ground
level shall be dampproofed and waterproofed.
c. Rental of basement
An apartment,
in the basement of a one-family dwelling may be occupied, unless otherwise prohibited
under the zoning resolution of the city of New York, if it meets the requirements
of subdivision b and all of the following conditions:
(1) Such basement
occupancy is limited to one family which, for the purposes of this section,
shall not include boarders.
(2) Every room
shall have a window complying with the requirements of section D27-2062 of
article one of this subchapter.
(3) The bottom
of any yard or other required open space shall be no higher than six inches
below the windowsill of any required window in any room.
d. Conversion
to multiple dwelling
No private dwelling
of more than three stories in height which was erected after April eighteenth,
nineteen hundred twenty-nine shall be converted to a multiple dwelling unless
it complies with all the provisions of the multiple dwelling law applicable
to dwellings erected after April eighteenth, nineteen hundred twenty-nine.
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Sec.
[D26-34.15] 27-2088 Powers of the board of standards
and appeals; cellar and basement occupancies
The board
of standards and appeals shall have those powers and authority as set forth
in section 310 of the Multiple Dwelling Law.
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