§ 27-2086 Occupancy of cellars and basements in old law tenements.

   a.   No dwelling unit in the cellar of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082, 27-2083, 27-2085 of this article or all of the following provisions:

      (1)   Every room has a minimum height of eight feet in every part.

      (2)   In every room of a dwelling unit located at the front of the dwelling, every part of the ceiling is at least four feet above the surface of the street in front of every such part.

      (3)   In a dwelling unit located in the rear, every room has at least one-half of its height in every part above the highest level of an adjoining space which: Abuts every part of the exterior wall of such room; has a minimum dimension of thirty feet measured at a right angle to the outer surface of such wall; and is open and unobstructed, except as permitted in subdivision nine of section twenty-six of the multiple dwelling law.

      (4)   Every room has at least one window opening upon a street, yard or the adjoining space required in paragraph three and at least one-half of every such window shall open.

   b.   No dwelling unit in the basement of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082, 27-2083, 27-2085 of this article, subdivision a of this section, or all of the following provisions:

      (1)   Every room has a minimum height of seven feet, six inches in every part.

      (2)   Every room has at least one window opening upon a street, a yard with a minimum depth of twelve feet or a court with dimensions of not less than six feet by twelve feet. Such room is a part of a dwelling unit containing at least one room with a window opening upon a street or such a yard.

      (3)   At least one-half of a required window shall open.

   c.   A room in the basement of an old law tenement may be occupied by a family solely in conjunction with their occupancy of the entire story above, if such room has a minimum height of seven feet in every part and is not occupied for sleeping purposes.

§ 27-2087 Occupancy of cellars and basements in one- and two-family dwellings.

   a.   Cellar occupancy: No room in the cellar of a one- or two-family dwelling shall be rented and no member of the family or families occupying the dwelling shall use such room for sleeping, eating or cooking purposes, except that a secondary kitchen for accessory cooking may be located in the cellar.

   b.   Use of basement by occupants of the dwelling: A room in the basement of a one- or two-family dwelling may be occupied for living purposes by members of the family or families in conjunction with their occupancy of the dwelling if the following conditions are met:

      (1)   Such room complies with all of the requirements of this code for rooms which are not located in the cellar or basement; except that the minimum ceiling height required in one family dwellings shall be seven feet.

      (2)   Whenever the department determines that the subsoil conditions on the lot so require, the basement or other lowest floor and all exterior walls as high as the ground level shall be dampproofed and waterproofed.

   c.   Rental of basement: An apartment, in the basement of a one-family dwelling may be occupied, unless otherwise prohibited under the zoning resolution of the city of New York, if it meets the requirements of subdivision b and all of the following conditions:

      (1)   Such basement occupancy is limited to one family which, for the purposes of this section, shall not include boarders.

      (2)   Every room shall have a window complying with the requirements of section 27-2062 of article one of this subchapter.

      (3)   The bottom of any yard or other required open space shall be no higher than six inches below the window sill of any required window in any room.

   d.   Conversion to multiple dwelling. No private dwelling of more than three stories in height which was erected after April eighteenth, nineteen hundred twenty-nine shall be converted to a multiple dwelling unless it complies with all the provisions of the multiple dwelling law applicable to dwellings erected after April eighteenth, nineteen hundred twenty-nine.

§ 27-2088 Powers of the board of standards and appeals; cellar and basement occupancies.

The board of standards and appeals shall have those powers and authority as set forth in section three hundred ten of the multiple dwelling law.

Article 6: Vacant Multiple Dwellings

§ 27-2089 Requirements for reoccupancy of vacant multiple dwellings.

   a.   In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after July fourteenth, nineteen hundred sixty-seven:

      (1)   Became unoccupied for a period of sixty days or more, or

      (2)   Were, or shall become, unoccupied by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is unoccupied, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department of buildings, where required, (2) such work has been completed by the owner and approved by the department or the department of buildings where required, (3) where required by the department of buildings, a new certificate of occupancy has been obtained, and (4) the department has inspected and determined that such dwelling is habitable and may be occupied.

   b.   The provisions of this article shall not apply to:

      (1)   any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or

      (2)   any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in paragraph fortysix of subdivision a of section 27-2004 of article one of subchapter one of this chapter, or

      (3)   any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased.

(Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021)

Subchapter 4: Administration

Article 1: Powers and Functions of the Department

§ 27-2090 Power to make regulations.

The department shall have power to promulgate such regulations as it may consider necessary or convenient to interpret or carry out any of the provisions of this code.