Cal. Civ. Code § 252
Sub-curb uses
Operative Text
§ 252. Sub-curb uses. In all portions of such dwellings below the level of the highest curb all structural members, partitions, furrings and ceilings shall be constructed of incombustible materials.
New York Multiple Residence Law § 252 establishes a fire-safety construction standard for multi-family dwellings: any part of the building that sits below the level of the highest adjacent curb must use only non-combustible materials for structural members, partitions, furrings, and ceilings. The rule applies to the building's below-grade or sub-curb areas, not to the entire structure. Its purpose is to limit the spread of fire in the portions of a dwelling most likely to be enclosed and below street level.
Plain English — not legal advice.
Operators of multiple residences subject to N.Y. Mult. Resid. Law § 252 generally ensure that any construction, renovation, or repair work in sub-curb areas of the building uses incombustible materials for all structural members, partitions, furrings, and ceilings. Compliant operators document material specifications and contractor work in these below-curb spaces to demonstrate adherence during inspections. When planning alterations to basement or sub-grade areas, reviewing material selections against this provision before work begins is a standard part of the permitting and compliance process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Mult. Resid. Law § 252, tenants living in or near sub-curb areas of a multiple residence have an interest in knowing that the building's below-curb structural components are required to be built from non-combustible materials. If a tenant observes what appears to be non-compliant construction or renovation work in these areas, general enforcement paths include filing a complaint with the local housing or building department, raising the issue with a local tenant-rights organization, or noting the potential violation in any relevant housing court proceeding. Tenants can also consult their local rent board, if one applies, to understand how building code compliance intersects with habitability standards.
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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