New Hyde Park, N.Y., Code of Ordinances ch. 139 (eCode360 ed. 2026) § 139-19
Basement and cellar uses
Operative Text
A. The basement or cellar of any building shall be dry and ventilated and shall be kept free from rubbish accumulation and infestation. B. No room in any basement shall be occupied as a habitable room unless: (1) The finished floor surface is not more than four feet below the average established finished grade of the ground adjoining said floor surface; (2) The ceiling is not less than four feet above the average established finished grade of the ground adjoining said basement; (3) The floors and walls are waterproofed and dampproofed in accordance with approved standards and methods of application; and (4) The basement is provided with at least one exit directly from said basement to the exterior premises of the building.
New Hyde Park, N.Y., Code of Ordinances ch. 139 § 139-19 establishes baseline conditions for basements and cellars in all buildings: they must remain dry, ventilated, and clear of rubbish and pests. Beyond those baseline requirements, the provision sets four specific structural and safety thresholds that must all be met before any basement room may be used as a living space. These thresholds address floor depth relative to grade, ceiling height above grade, waterproofing and dampproofing of floors and walls, and the presence of at least one direct exit to the exterior.
Plain English — not legal advice.
Under ch. 139 § 139-19, compliant property operators routinely inspect basements and cellars to confirm they remain dry, well-ventilated, and free of rubbish and pest activity. Before allowing any basement room to be used as a habitable space, operators generally verify that all four conditions are satisfied: the finished floor is no more than four feet below average finished grade, the ceiling clears that same grade by at least four feet, floors and walls meet approved waterproofing and dampproofing standards, and a direct exit to the exterior exists. Maintaining documentation of waterproofing methods and periodic inspections is a practice commonly associated with demonstrating ongoing compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 139-19 of the New Hyde Park Code of Ordinances gives tenants a basis to question whether a basement room they occupy or are being offered meets the legally required habitability conditions, including proper grade relationships, waterproofing, and a direct exterior exit. If a basement unit appears to fall short of these standards — for example, showing signs of persistent dampness, inadequate ventilation, or no direct exit — tenants may consider raising the issue with the local building or code enforcement office, which has authority over these requirements. Tenant-rights organizations familiar with New York housing code can help explain what documentation or complaint processes may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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