2023 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; or
b.  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.