Cal. Civ. Code § 28
Two or more buildings on same lot
Operative Text
§ 28. Two or more buildings on same lot. 1. If any separate multiple dwelling is erected after April eighteenth, nineteen hundred twenty-nine, upon the rear of a lot which has another multiple dwelling on the front or upon the front of a lot which has another multiple dwelling on the rear, access shall be provided to the rear dwelling from a street by means of an unobstructed court at least twenty feet in width. 2. Except as otherwise provided for motor vehicle storage space in section sixty and for dwellings erected, enlarged, converted or altered pursuant to plans filed prior to December fifteenth, nineteen hundred sixty-one in accordance with the provisions of subdivision one of section twenty-six, if any building or dwelling is placed on the rear of the same lot with a multiple dwelling or a multiple dwelling is placed anywhere on the same lot with another building, there shall be left between the two buildings an open space unoccupied from the ground up and at least forty feet in depth, measured in the direction from one building to the other for the first one hundred twenty-five feet above the curb level, and eighty feet above that point. The provisions of this subdivision requiring an open space eighty feet in depth between portions of buildings in excess of one hundred twenty-five feet above the curb level shall not be applied when both such portions are towers. 3. If on the rear of a lot any such building or any portion thereof is used for business purposes, a separate passageway at least three feet six inches wide and seven feet high shall be provided leading from every such open space adjacent to such building to a street. No such passageway shall connect with, go through or form a part of any entrance hall or other public hall of a multiple dwelling upon the front of the lot.
New York Multiple Dwelling Law § 28 governs situations where more than one building occupies the same lot as a multiple dwelling. For buildings erected after April 18, 1929, the law requires an unobstructed court of at least twenty feet in width to provide street access to any rear dwelling. When a multiple dwelling shares a lot with any other building, a minimum open space of forty feet must be maintained between the structures for the first 125 feet above curb level, expanding to eighty feet above that height, with an exception when both portions qualify as towers. Where a rear building is used for business purposes, a dedicated passageway of specified minimum dimensions must connect the adjacent open space to a street, and that passageway may not run through any entrance or public hall of a front multiple dwelling.
Plain English — not legal advice.
Property owners and managers overseeing lots with multiple buildings should be familiar with the spacing and access requirements set out in N.Y. Mult. Dwell. Law § 28 before undertaking any new construction, enlargement, or conversion. Compliant operators generally ensure that rear dwellings have unobstructed court access of at least twenty feet, that required open spaces between co-located buildings meet the depth thresholds tied to building height, and that any rear business use is served by a properly dimensioned, independent passageway. Plans filed with the relevant building department are typically reviewed against these standards, and operators generally consult with architects or code professionals when configuring multi-building lots to confirm compliance with each subdivision of § 28.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in a multiple dwelling that shares a lot with another building have an interest in the access, light, and safety standards established by N.Y. Mult. Dwell. Law § 28. If a rear dwelling lacks the required court access, or if open-space requirements appear to have been disregarded, these conditions may constitute housing code violations that can be reported to the New York City Department of Buildings or the relevant local building enforcement authority. Tenants who believe conditions in their building stem from non-compliance with § 28 may also find it useful to consult a tenant-rights organization or legal aid office to understand what remedies or defenses may be available to them.
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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