Cal. Civ. Code § 5:10-22.1
Basements and cellars
Operative Text
(a) Basements and cellars may be used for dwelling space provided that: 1. The entire area constituting the dwelling unit must comply with all requirements set forth in this chapter applicable to habitable rooms or areas and to all requirements set forth in N.J.A.C. 5:70 applicable to dwelling units in basements or stories below grade; and 2. The floors, ceiling and walls of each unit of dwelling space must be free of moisture.
Under N.J.A.C. § 5:10-22.1, basements and cellars in New Jersey are not automatically off-limits as living spaces, but they are permitted for residential use only when they fully satisfy all habitability standards that apply to above-grade rooms under N.J.A.C. § 5:10, as well as the fire-safety and building requirements for below-grade dwelling units found in N.J.A.C. 5:70. Additionally, every surface—floors, ceilings, and walls—within such a unit must be free of moisture. Both conditions must be met simultaneously; satisfying one without the other is not sufficient.
Plain English — not legal advice.
Property owners and managers who rent basement or cellar units must ensure those spaces meet every habitability requirement under N.J.A.C. § 5:10-22.1, including light, ventilation, ceiling height, and egress standards applicable to habitable rooms, as well as the below-grade dwelling-unit requirements of N.J.A.C. 5:70. Compliant operators routinely inspect and document that all floors, ceilings, and walls remain dry and free of moisture intrusion, addressing any seepage or condensation before it becomes a code issue. Renting a basement or cellar unit that does not satisfy these dual requirements exposes the property to housing-code enforcement action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in a basement or cellar unit have the right to a space that meets all habitability and fire-safety standards required by N.J.A.C. § 5:10-22.1, including moisture-free floors, ceilings, and walls. If a unit shows signs of dampness, mold, or other conditions suggesting the space does not comply, tenants may report concerns to the local municipal housing inspector or code enforcement office, which has authority to inspect and require corrections under N.J.A.C. § 5:10. Tenant-rights organizations in New Jersey can help explain available remedies, which may include rent withholding, repair-and-deduct options, or raising a housing-code violation as a defense in certain legal proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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