NY Mult Dwell L § 216 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 7 - Tenements Title 1 - Light and Air 216 - Rooms in Basements and Cellars.

§  216.  Rooms  in  basements  and cellars. No room in the basement or   cellar of any tenement shall be  occupied  for  living  purposes  unless   there  is  a  written permit therefor as provided in subdivision five of   section three hundred and it  either  is  part  of  an  apartment  which   complies  with  the conditions of subdivision six of section thirty-four   or complies with the following conditions:1. a. There shall be appurtenant to every  such  room  a  water-closet   constructed  and accessible in accordance with the provisions of section   seventy-six for  dwellings  erected  after  April  eighteenth,  nineteen   hundred twenty-nine.b.  Every such room and all cellars and basements shall be lighted and   ventilated to the satisfaction of the department.2. If such room is in a tenement erected after April twelfth, nineteen   hundred one:a. Such room shall be at least nine feet high in every part from floor   to ceiling.b. Every part of the ceiling of such room shall be at least four  feet   six inches above the curb level of the street in front of such part when   such room or the apartment containing it is located in the front part of   the  dwelling,  and  at least two feet above such curb level in front of   the dwelling when such room or the apartment containing it is located in   the rear of the dwelling and the yard is less than sixty feet  in  depth   and does not extend to a street along its entire width.c.  The level of any yard or court upon which such a room or apartment   opens shall conform to the requirements of subdivision eight of  section   twenty-six.d.  Every such room shall have a window opening upon a street, yard or   court, and shall be an integral part of an apartment containing  a  room   with  a  window  opening directly upon a street or yard or upon an outer   court at least eighteen feet in width and not more than thirty  feet  in   depth or upon a larger outer court whose depth does not exceed its width   by more than one-half.e.  Except when the yard is sixty feet or more in depth there shall be   not more than one apartment in any cellar. It  shall  contain  not  more   than  five  rooms  and  bath, and no such room shall open upon any court   less than five feet six inches in width. Every part  of  such  apartment   shall either be located within twenty-five feet of the inner line of the   front or rear wall of the dwelling or have a window opening upon a court   which  is  at  least  twelve feet in width. No other rooms in the cellar   shall be occupied for living purposes.f. The area of every window in such a room shall be  at  least  twelve   square  feet,  and the total area of windows in every such room shall be   at least one-eighth of the total floor area of the room. At  least  half   of  each  window shall be made to open, and the top of each window shall   be within twelve inches of the ceiling.g. All walls enclosing such room shall  be  dampproof  and  its  floor   dampproof  and  waterproof. The dampproofing and waterproofing shall run   through and up the walls to the ground level.h. The entire cellar, or lowest story if there be no cellar, shall  be   properly constructed so as to prevent dampness or water from entering.3.  If  such  room is in the cellar of any old-law tenement either the   conditions enumerated in subdivision two  or  the  following  conditions   shall be complied with:a.  Such  room  shall  be  at least eight feet high in every part from   floor to ceiling.b. Every part of the ceiling of every such room shall be at least four   feet above the surface of the street in front  of  every  part  of  such   room, or at least half the height of such room shall be everywhere above    the  highest  level of the ground outside of and adjoining every part of   the exterior wall of such room for a distance of thirty feet measured at   a right angle to the outer surface of such wall.c.  Such  adjoining  ground  shall be effectively drained and shall be   open and unoccupied in every part.d. Such room shall have a window or windows opening  directly  to  the   required unoccupied area of ground outside of and adjoining such room or   to  a  street  or  yard.  Every  such window shall be made so as to open   readily and such window or windows shall provide at least twelve  square   feet of clear openings for ventilation.e. Such room shall be thoroughly dry and fit for human habitation.f.  If  the  tenement  is over marshy ground, or ground on which water   lies or on which there is upward water pressure, the entire  cellar,  or   lowest  story  if  there  be  no  cellar,  shall  be  made dampproof and   waterproof.4. If such room is  in  the  basement  of  any  old-law  tenement  the   provisions  of  subdivision  one  and  in  addition  the  provisions  of   subdivision two or of subdivision three, or the provisions of  paragraph   f  of subdivision three and of either of the following paragraphs, shall   be complied with:a. Such room shall be everywhere seven feet or  more  in  height  from   floor  to  ceiling  and  occupied  solely by a family which occupies the   entire story above, and  such  room  shall  not  be  used  for  sleeping   purposes; orb.  Such  room  shall  be  everywhere seven feet six inches or more in   height from floor to ceiling and shall have a window or windows  opening   directly  to a street, or to a yard at least twelve feet in depth, or to   a court at least six feet in its least dimension and twelve feet in  its   greatest  dimensions;  every  such  windows  shall be made so as to open   readily; such window or windows shall provide  at  least  twelve  square   feet of clear opening for ventilation, and the apartment containing such   room shall have one or more rooms opening upon a street or yard.5.  Notwithstanding  any  provisions of this section or of subdivision   five of section three hundred of this chapter, an apartment or room in a   cellar or basement which was  occupied  for  living  purposes  on  April   first,  nineteen  hundred  fifty-three  may  thereafter  continue  to be   occupied  for  such  purposes  until  July   first,   nineteen   hundred   sixty-seven,  upon the issuance of a joint certificate by the department   and the department of health. Such certificate shall be renewed for  any   such  apartment  or  room  which  continues to be occupied in an old-law   tenement  after  June  thirtieth,  nineteen  hundred  fifty-seven.   The   certificate shall indicate their joint belief that such occupancy is not   detrimental  to  life  and  health  with  due  regard  to  the following   conditions:a. that the apartment or room is reasonably lighted and ventilated,b. that adequate sanitary facilities  are  provided,  including  water   supply and water closet accommodations,c. that the premises are clean and free from rodents and vermin,d.  that  the  walls  and  ceilings  are  sound and reasonably free of   dampness and there is a minimum of seven feet in height  from  floor  to   ceiling,e.  that  the  apartment  or  room is adequately heated from a central   heating system or by other approved means,f. that the structural arrangement, including  egress  facilities,  of   the apartment or room does not constitute a fire hazard,g.  that  notwithstanding  the  provisions  of  this  subdivision, any   apartment occupied pursuant to the provisions of this subdivision  which   becomes vacant on or after June first, nineteen hundred fifty-five shall    not  thereafter  be occupied for dwelling purposes. This paragraph shall   also apply to any room which becomes vacant  on  or  after  June  first,   nineteen hundred fifty-six.