Cal. Civ. Code § 235
Stairs in non-fireproof tenements
Operative Text
§ 235. Stairs in non-fireproof tenements. 1. Every non-fireproof tenement erected after May fifteenth, nineteen hundred two, containing more than twenty-six apartments or suites of rooms above the entrance story shall have an additional stair for every additional twenty-six apartments or suites or fraction thereof; except that if such tenement contains not more than thirty-six apartments above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight. 2. The number of apartments on any story in any non-fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than twenty per centum. If the number of living rooms on any story or section thereof above the entrance story exceeds twenty, there shall be an additional stair for each twenty rooms or fraction thereof on any such story or section thereof, except that if the number of living rooms on any such story or section does not exceed thirty, in lieu of an additional stair one stair and every public hall connected therewith may be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight. 3. Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than eighty square feet in area, in any non-fireproof tenement or section thereof is decreased through the process of an alteration, the number of apartments may be altered and the provisions of this section which relate to additional stairs shall not be applicable.
N.Y. Mult. Dwell. Law § 235 governs how many stairways must exist in non-fireproof tenement buildings constructed after May 15, 1902, based on the number of apartments or living rooms above the entrance story. As a general rule, one additional stairway is required for every 26 apartments (or fraction thereof) beyond the first 26, though buildings with no more than 36 apartments above the entrance story may substitute wider stairs, stair halls, and entrance halls instead of adding a stairway. When apartments are reconfigured, the rule ties stairway requirements to changes in the count of living rooms per story, and buildings that reduce their total room count through alteration are relieved from the additional-stair requirements of this section.
Plain English — not legal advice.
Owners and managers of non-fireproof tenements built after 1902 should understand that § 235 links stairway adequacy directly to apartment and room counts, meaning that renovation projects affecting unit layouts or room numbers can trigger — or in some cases eliminate — the obligation to provide additional stairways. Compliant operators typically document the number of apartments and living rooms per story before and after any alteration, and they verify whether the width-substitution option is available as an alternative to constructing a new stair. Engaging a licensed architect or code consultant familiar with the New York Multiple Dwelling Law is a common practice when evaluating whether a proposed alteration changes stairway obligations under § 235.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in older non-fireproof tenements in New York have an interest in knowing that § 235 sets minimum stairway standards tied to the size and configuration of their building, since adequate egress is a component of the habitable conditions landlords are generally required to maintain. If a tenant believes their building's stairway arrangement does not meet the requirements of § 235 — particularly after a renovation that changed unit layouts — they may consider raising the issue with the New York City Department of Buildings or the relevant local housing enforcement agency, which has authority to inspect and cite violations. Tenant-rights organizations can help residents understand how § 235 interacts with broader habitability and building-code protections.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.