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An owner or lessee of any dwelling containing rooming house accommodations or any room or rooms used for single room occupancy shall keep a register in such dwelling in the custody of a responsible agent. The register shall show: The name, signature, age, previous residence, date of arrival and date of departure of each tenant of rooming house accommodations or of a room or rooms used for single room occupancy; the room or rooms occupied by such tenant; and the names and ages of all persons residing in or occupying such room or rooms with such tenant. The owner or lessee of such a dwelling and the agent who maintains the register in such dwelling shall permit any officer or employee of the department or any inspector from any city department to inspect the register. It shall be unlawful for such owner or lessee knowingly to cause or permit any false entry to be made in such register. It shall be unlawful for any tenant to provide the owner or lessee of such dwelling with any false information on any matter required to be included in the register.
Article 5: Occupancy of Cellars and Basements
No dwelling unit in a cellar or basement of a multiple dwelling shall be occupied unless:
a. Such cellar or basement is properly lighted and ventilated to the satisfaction of the department; and
b. Except for rooms occupied in accordance with section 27-2082 of this article, cellar walls and ceilings are constructed of light-colored material, or are thoroughly whitewashed or painted a light color and are so maintained; such whitewash or paint shall be renewed as required by the department, whenever necessary in the opinion of the department; and
c. Such cellar or basement is free from dampness. In all new law tenements or multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and in all other dwellings whenever the department determines that the subsoil conditions on the lot so require, the cellar or other lowest floor and all exterior walls shall be dampproofed and waterproofed to the height of the ground level; and
d. Every yard, court, or other required open space on the same lot as the dwelling containing a dwelling unit in the cellar or basement is adequately drained to the satisfaction of the department; and
e. Such dwelling unit complies with all of the applicable requirements of the multiple dwelling law and of this code for dwelling units which are not located in the cellar or basement of the dwelling, except where more restrictive standards are required in this article.
A dwelling unit in the cellar or basement of a multiple dwelling may be occupied if all of the following requirements are met:
a. Every room has a minimum height of eight feet in every part in dwellings erected after July first, nineteen hundred fifty-seven, and of seven feet in dwellings erected prior thereto.
b. Every room has at least one-half of its height in every part above the highest level of an "adequate adjacent space." As used in this section an "adequate adjacent space" is an area outside the dwelling which:
(1) is thirty feet in its least dimension,
(2) is located on the same lot as the dwelling or in a street or public place,
(3) is open and unobstructed, except as provided in subdivision nine of section twenty-six of the multiple dwelling law, and
(4) abuts at the same level, or directly below, every part of the exterior walls of every dwelling unit located on the same floor.
c. The bottom of such "adequate adjacent space" is at a level no higher than six inches below the sill of any required window opening on such space.
d. Whenever the floor of any part of the dwelling unit is below the level of such "adequate adjacent space," either the ceiling, walls and partitions of the dwelling unit are fire retarded or the dwelling unit is equipped with a sprinkler system in a manner satisfactory to the department.
e. The entire cellar or basement in which the dwelling unit is located complies with all requirements of the multiple dwelling law with respect to fire protection and to means of egress, including cellar and basement stairs and cellar entrances.
f. A cellar occupied hereunder for dwelling purposes shall be counted as a story for the purpose of the requirements of the multiple dwelling law with respect to means of egress, but shall not be counted as a separate story for the purpose of determining when a dwelling must be of fireproof construction.
Except as provided in subdivision d of section 27-2082 of this article, no dwelling unit in the cellar or basement of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine may be occupied unless:
a. Every room in a dwelling erected after July fourteenth, nineteen hundred sixty-seven has a minimum height of eight feet, and in dwellings erected prior thereto has a minimum height of nine feet in every part, except that four beams each not more than twelve inches wide may extend a minimum of six inches below the basement ceiling.
b. Every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than:
(1) Four feet six inches for a room in a dwelling unit located in the front of the dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of the dwelling. If the yard is sixty feet or more in depth, this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts.
c. The level of any yard or court upon which a required window opens conforms to the requirements of subdivision eight of section twenty-six of the multiple dwelling law.
d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street or yard.
e. A required window in every room shall comply with the provisions of subdivision c of section 27-2058 of article one of this subchapter, except that the total area of all windows in such room shall be at least one-eighth of the floor area of the room and the top of each window shall be located not more than one foot from the ceiling.
f. Except as provided in subdivision g, not more than one apartment, as recorded in the certificate of occupancy, shall be located in the cellar unless the yard is sixty feet or more in depth. Such apartment shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant, if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet in width. Every part of the apartment shall be:
(1) Within twenty-five feet of the inner surface of the front or rear wall of the dwelling, or
(2) Have a window opening upon a court of the dimensions provided in subdivision seven of section twenty-six of the multiple dwelling law but in no event shall such court be less than ten feet in width.
g. A maximum of three additional rooms may be located in the cellar exclusively for the use of persons regularly and continuously employed in the maintenance of such dwelling. Each such room:
(1) Shall be completely separated from any other room or private hall;
(2) Shall have access to at least one bathroom without passing through the apartment provided for in subdivision f; and
(3) Shall comply with the provisions of subdivision f for required windows.
a. Except as provided in 27-2082 of this article, no dwelling unit in the cellar of a converted dwelling may be occupied for living purposes unless:
(1) The yard adjoining such dwelling unit; has a minimum depth of thirty feet or more at every point; is open and unobstructed except as permitted by subdivision nine of section twenty-six of the multiple dwelling law; and abuts the exterior wall of such dwelling at a level no higher than the floor of any room contained in the dwelling unit; and
(2) The department determines that the dwelling unit is habitable. Such a cellar shall be deemed a basement for the purpose of all requirements of the multiple dwelling law and of this code.
b. Except as provided in section 27-2082 of this article, no dwelling unit in the basement of a converted dwelling may be occupied unless:
(1) Every living room has a minimum height of seven feet in every part; and
(2) Every living room has at least one window which complies with the provisions of subdivision b of section 27-2059 of article one of this subchapter, except that the top of at least one window shall be a minimum of six feet above the floor, or if the room does not comply with the foregoing provisions of this paragraph two, it complies with the provisions of subdivision c of section 27-2059 of article one of this subchapter.
c. The basement of a dwelling converted in accordance with the provisions of subdivision four of section one hundred seventy-seven of the multiple dwelling law may be occupied only if the dwelling is classified and recorded in the department as such a converted dwelling prior to January first, nineteen hundred sixty-six.
Except as provided in section 27-2082 of this article, no dwelling unit in the cellar or basement of a new law tenement may be occupied unless:
a. Every room has a minimum height of nine feet in every part.
b. Every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than:
(1) Four feet six inches for a room in a dwelling unit located in the front of a dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of a dwelling. If the yard is sixty feet or more in depth this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts.
c. The level of any yard or court upon which such a room opens conforms to the requirements of subdivision eight of section twenty-six of the multiple dwelling law.
d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street, yard or outer court with either:
(1) A minimum width of eighteen feet and a maximum depth of thirty feet, or
(2) A depth which does not exceed the width by more than one-half.
e. A required window shall comply with the provisions of subdivision b of section 27-2060 of article one of this subchapter, except that the total area of all windows in a room shall be at least one-eighth the floor area of the room and the top of each window shall be located not more than one foot from the ceiling.
f. Not more than one apartment, as recorded either in the certificate of occupancy or legally existing and recorded in the department prior to nineteen hundred twenty-nine, shall be located in the cellar unless the yard is sixty feet or more in depth. Such dwelling unit shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet six inches in width. Every part of such dwelling unit shall be located within twenty-five feet of the inner surface of the front or rear wall of the dwelling or shall have a window opening upon a court not less than twelve feet in width.
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