N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2085
Occupancy of cellars and basements in new law tenements (New York City Housing Maintenance Code)
Operative Text
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.
Section 27-2085 of the N.Y.C. Administrative Code sets out the physical conditions that must be met before any dwelling unit in the cellar or basement of a new law tenement can be lawfully occupied. These conditions cover minimum ceiling heights, how far the ceiling must rise above street curb level, window size and placement, yard and court dimensions, and limits on how many apartments may exist in a cellar. The rules are designed to ensure that below-grade living spaces receive adequate light, air, and headroom before anyone is permitted to live in them.
Plain English — not legal advice.
Operators of new law tenements should be aware that Section 27-2085 imposes a detailed checklist of structural and dimensional requirements before any cellar or basement unit may be rented or occupied. A compliant operator generally verifies that each room meets the nine-foot ceiling minimum, that windows occupy at least one-eighth of the floor area and are positioned within one foot of the ceiling, and that curb-level height clearances are satisfied for both front and rear units. Operators also confirm that cellar occupancy is limited to no more than one apartment unless the yard depth qualifies for the exception, and that any such unit houses no more than five rooms plus a bathroom, occupied only by a janitor or a rent-paying tenant with no household members under sixteen.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code § 27-2085, tenants living in cellar or basement units of new law tenements have a right to housing that meets specific structural minimums — including ceiling height, window area, and above-curb clearance — before their unit may lawfully be occupied. If a unit appears to fall short of these standards, tenants may consider documenting the conditions and reaching out to the New York City Department of Housing Preservation and Development, which oversees housing maintenance code enforcement. Tenant-rights organizations can also help residents understand whether a particular condition may constitute a violation and what general options exist for raising such concerns.
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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