Cal. Civ. Code § 211

Height and bulk

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkRent Regulation

Operative Text

Cal. Civ. Code § 211
  § 211. Height and bulk. 1. No tenement shall be increased in height so
that its height shall exceed by more than one-half the width of the
widest street upon which it stands. Except as otherwise provided in
subdivision four of this section, no non-fireproof tenement shall be
increased in height so that it shall exceed five stories, except that
any tenement may be increased to any height permitted for multiple
dwellings erected after April eighteenth, nineteen hundred twenty-nine,
if such tenement conforms to the provisions of this chapter governing
like multiple dwellings erected after such date.
  2. If there are bulkheads, superstructures or penthouses exceeding ten
feet in height or exceeding in aggregate area ten per centum of the area
of the roof, the measurement of height shall be taken to the top of such
bulkhead, superstructure or penthouse, except that this shall not apply
to elevator enclosures not exceeding twenty-three feet in height used
solely for elevator purposes, nor to open pergolas or similar open
ornamental treatment of roof-gardens or playgrounds.
  3. In a fireproof tenement house in which one or more passenger
elevators are operated, penthouses may be erected on the main roof.
Such penthouses shall be set back at least five feet from the front
walls and ten feet from the rear walls of the dwelling and at least
three feet from any court wall. Such penthouses shall have a clear
inside height of not less than nine feet from finished floor to finished
ceiling, and shall not exceed twelve feet in height from the high point
of the main roof to the highest point of the penthouse roof.  Such
penthouses shall not be deemed to affect the measurement of height of
the dwelling. All such penthouses shall be entirely fireproof except
that windows shall not be required to be glazed with wire glass.
  4. Any non-fireproof old-law tenement five stories in height may be
increased in number of stories to six provided that such increase in
number of stories does not result in an increase in the height of the
roof beams above the curb level. In any tenement so altered, the first
floor above the lowest cellar, or, if there be no cellar, above the
basement or other lowest story, shall be fireproof. Any yard or court of
such altered tenement shall not be less in any dimension than the
minimum dimensions prescribed in section twenty-six.
Source: Legislative text reproduced verbatim
Plain English

New York Multiple Dwelling Law § 211 sets limits on how tall a tenement building can be raised through vertical additions. Generally, a building's height cannot be increased beyond one-and-a-half times the width of the widest street it faces, and non-fireproof tenements are capped at five stories unless they are brought into full compliance with post-1929 construction standards. The law also specifies how certain rooftop structures—such as bulkheads, penthouses, and superstructures—are measured for height purposes, and carves out narrow exceptions for elevator enclosures, open pergolas, and qualifying penthouses on fireproof elevator buildings.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers considering vertical expansions of tenement buildings must work within the height and bulk framework established by N.Y. Mult. Dwell. Law § 211. Compliant operators typically confirm whether a building is classified as fireproof or non-fireproof before planning any addition, verify that the proposed height does not exceed the street-width ratio, and ensure that any rooftop structures such as penthouses meet the setback, height, and fireproofing requirements spelled out in the provision. When pursuing the limited exception under subdivision four—adding a sixth story to a qualifying five-story non-fireproof old-law tenement—operators generally confirm that roof beam elevation at curb level remains unchanged and that the required fireproofing of the first floor above the lowest cellar is incorporated into the project.

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 tenement buildings have an interest in knowing that N.Y. Mult. Dwell. Law § 211 places firm limits on how a landlord may expand a building upward, including rules about rooftop structures and penthouse additions. If a building appears to have been altered in a way that may not conform to these height and bulk restrictions, tenants can document the conditions and raise the issue with the New York City Department of Buildings or a local housing agency. Tenant-rights organizations can also help residents understand whether an alteration may implicate § 211 and what general options exist for flagging potential violations.

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.

Effective Timeline

Current
Sep 22, 2014
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Related Rules

§ 326
Rules and regulations
§ 327
Saving clauses
§ 328
Effect of invalidity in part

Source Information

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