Cal. Civ. Code § 172
Yards and courts
Operative Text
§ 172. Yards and courts. 1. Except as provided in subdivision two, there shall be a yard thirteen feet or more in depth across the entire lot in the rear of every converted dwelling, or an outer court three feet or more in width which alone or with any open space at the rear of the dwelling equals the required area of such a yard. 2. On a corner lot there shall be a yard ten feet or more in depth across the entire lot. Such yard shall be thirteen feet or more in depth for any part of the yard which is more than sixty feet from any side street bounding such lot. The provisions of this subdivision need not apply to a dwelling situated on a corner lot if (a) the required windows of all living rooms in such a dwelling open directly upon a street (b) the height and bulk of the dwelling are not increased and (c) the bulk of the dwelling above the first story is not increased. 3. The bottom of a yard may be as high as but not above the second tier of beams, provided the first story is used exclusively for business purposes and there is no living room in or below the first story; and provided also that whenever any means of egress from the upper stories opens into such yard, a portion of the yard ten feet or more in depth and open from the ground up shall be maintained at the rear of any extension of the dwelling. 4. In the rear of every converted dwelling on a corner lot an extension of the dwelling over the yard may be built up to the second tier of beams, provided such extension does not obstruct any required means of egress from the upper stories. 5. Except as provided in subdivisions three and four, the required yard or court and unoccupied space shall be open and unobstructed from the ground up. 6. The restrictions of this section and those of subdivisions one and two of section one hundred seventy-one in regard to bulk and volume shall not apply to extensions erected before April thirteenth, nineteen hundred forty, in conformity with the provision of a local zoning resolution which restricted bulk and volume. 7. Nothing in this section shall be deemed to permit extensions in the yards or courts of any converted dwelling, or to permit business or commercial uses therein, which may be contrary to any local zoning law, ordinance or regulation.
New York Multiple Dwelling Law § 172 establishes minimum open-space requirements for yards and courts at the rear of converted dwellings. Standard lots must maintain a rear yard at least thirteen feet deep across the full lot width, or an equivalent outer court at least three feet wide; corner lots follow a modified depth schedule depending on distance from a side street. The provision also sets rules about how high a yard floor may be raised, when rear extensions are permissible, and requires that required yards and courts remain open and unobstructed from the ground up, with limited exceptions for pre-1940 extensions and deference to local zoning rules.
Plain English — not legal advice.
Operators of converted dwellings subject to N.Y. Mult. Dwell. Law § 172 generally ensure that rear yards and outer courts meet the applicable minimum depth and width dimensions before any construction, conversion, or extension work begins. Compliant operators verify whether their property sits on a standard or corner lot, since each triggers different depth requirements, and they confirm that any proposed rear extension does not block required egress paths or push the yard floor above the second tier of beams unless the first story is used exclusively for business with no living space at or below that level. Because § 172(7) expressly preserves local zoning authority, operators typically cross-check compliance with applicable municipal zoning ordinances in addition to the state statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in converted dwellings covered by N.Y. Mult. Dwell. Law § 172 have an interest in knowing that the law requires their building to maintain minimum rear yard or court dimensions and to keep those spaces open and unobstructed, conditions that can affect light, air, and emergency egress. If a yard or court appears to be blocked, built over, or reduced below the required dimensions, tenants may raise the issue with the local housing or building department, which has authority to inspect and enforce multiple dwelling requirements. Tenant-rights organizations and legal aid offices familiar with New York housing law can help residents understand how § 172 interacts with their specific building's configuration and what complaint or defense options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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