N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2083

Occupancy of cellars and basements in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine (New York City Housing Maintenance Code)

In Force
Verified 10/27/2026 · Next check 11/3/2026
New York CityHabitability & Repair

Operative Text

N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2083
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.
Source: Legislative text reproduced verbatim
Plain English

Section 27-2083 of the N.Y.C. Administrative Code sets out the conditions under which cellar or basement dwelling units in multiple dwellings built after April 18, 1929 may legally be occupied. The rule establishes minimum ceiling heights, required window sizes and placements, curb-level elevation thresholds, and limits on the number and type of apartments permitted in a cellar. Additional rooms in the cellar may be provided exclusively for building maintenance employees, subject to their own set of structural and access requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Operators of multiple dwellings built after April 18, 1929 who have or seek cellar or basement dwelling units must verify compliance with every condition listed in § 27-2083 before allowing occupancy. Compliant buildings generally have documented ceiling heights meeting the applicable minimums, windows of sufficient area positioned near the ceiling, and cellar apartments that do not exceed the room-count and occupancy limits set by the provision. Owners also ensure that any additional rooms reserved for maintenance staff under subdivision g are fully separated from the main apartment and have independent bathroom access.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in or considering a cellar or basement unit in a post-April 18, 1929 multiple dwelling have the right to conditions that meet every requirement of § 27-2083, including adequate ceiling height, properly sized and positioned windows, and lawful occupancy limits. If a unit appears to fall short of these standards—for example, windows that are too small or ceilings that are too low—tenants may consider filing a complaint with the New York City Department of Housing Preservation and Development, which oversees housing maintenance code enforcement. Tenant-rights organizations can also help residents understand what documentation or inspection processes may be available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

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