Cal. Civ. Code § 106
Rooms in cellars
Operative Text
§ 106. Rooms in cellars. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes, but all or part of such cellar may be used for storage or other general utility purposes accessory to the occupancy, use or management of the dwelling.
Under N.Y. Mult. Resid. Law § 106, cellar spaces in residential dwellings cannot lawfully be used as sleeping quarters by anyone. However, the same cellar space may be put to non-sleeping uses—such as storage or other utility functions that support the operation of the building. The rule draws a clear line between prohibited residential sleeping use and permitted accessory uses tied to the dwelling's management or occupancy.
Plain English — not legal advice.
N.Y. Mult. Resid. Law § 106 places a firm prohibition on allowing any cellar space to be occupied for sleeping, regardless of how the space is configured or presented. Operators who comply with this provision generally ensure that cellar areas are designated and used only for storage, mechanical, or other building-support functions—not as bedrooms, sleeping rooms, or overnight accommodations. Lease terms, unit listings, and building records that reflect this distinction help demonstrate ongoing compliance with the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Resid. Law § 106 establishes that no one may lawfully be required or permitted to sleep in a cellar space within a residential dwelling. If a tenant believes they have been housed in or directed to use a cellar for sleeping, that condition may constitute a violation of this provision, which can be raised in housing court proceedings or reported to local housing or building code enforcement agencies. Tenant-rights organizations and legal aid services can help individuals understand how this provision may apply to their living situation.
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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