Cal. Civ. Code § 5:10-8.1
Basements, cellars and crawl spaces
Operative Text
(a) Basements, cellars and crawl spaces are to be free of moisture resulting from liquid penetration from the exterior and shall be provided with ventilation as required herein to prevent accumulations of moisture and dampness. (b) Floors of basements and cellars shall have a permanent surface that is water resistant and capable of being kept broom-clean so as not to create a safety hazard. Subcellars and crawl spaces which are neither usable nor occupiable need not be permanently surfaced.
N.J.A.C. § 5:10-8.1 establishes baseline standards for basements, cellars, and crawl spaces in residential properties. These spaces must be kept free of moisture from outside liquid penetration and must have adequate ventilation to prevent dampness from building up. Basement and cellar floors must have a permanent, water-resistant surface that can be kept clean, though subcellars and crawl spaces that are neither usable nor occupiable are exempt from the permanent-surface requirement.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-8.1, compliant property operators generally inspect basement and cellar areas for signs of exterior water intrusion and ensure that ventilation systems are functioning adequately to control moisture. Floors in these spaces are typically finished with a permanent, water-resistant material that can be maintained in a broom-clean condition. Subcellars and crawl spaces that are not intended for use or occupancy do not require a permanent floor surface, but moisture and dampness controls still apply throughout.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-8.1 gives tenants a basis to raise concerns if a basement or cellar they have access to shows persistent moisture, inadequate ventilation, or flooring that cannot be kept clean and safe. Tenants may report such conditions to their local municipal housing or code enforcement office, which has authority to inspect and require corrections. Tenant-rights organizations can also help residents understand how this provision may apply to conditions in their building.
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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