2006 New York Code - Occupancy Of Cellars And Basements In Multiple Dwellings Erected After April Eighteenth, Nineteen Hundred Twenty-nine.

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