N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2081
Occupancy of cellars and basements in multiple dwellings; general requirements (New York City Housing Maintenance Code)
Operative Text
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.
N.Y.C. Admin. Code §§ 27-2001 and 27-2081 sets out the conditions that must be met before any dwelling unit located in a cellar or basement of a multiple dwelling may be legally occupied. The space must have adequate lighting and ventilation, light-colored or whitewashed walls and ceilings, freedom from dampness (including dampproofing and waterproofing where required), proper drainage of surrounding open spaces, and full compliance with all other applicable housing code standards. Buildings constructed after April 18, 1929, and any building where the department determines subsoil conditions warrant it, face additional waterproofing requirements for floors and exterior walls up to ground level.
Plain English — not legal advice.
Property owners and managers operating multiple dwellings should understand that under §§ 27-2001 and 27-2081, renting out a cellar or basement unit is only permissible when all enumerated conditions are continuously satisfied—not just at the time of initial occupancy. Compliant operators typically maintain light-colored or freshly whitewashed walls and ceilings, ensure drainage of yards and courts, and renew whitewash or paint whenever the New York City Department of Housing Preservation and Development directs them to do so. For buildings erected after April 18, 1929, or where subsoil conditions are flagged by the department, dampproofing and waterproofing of floors and exterior walls to ground level is a baseline expectation rather than an optional upgrade.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or considering a cellar or basement unit in a New York City multiple dwelling have protections under §§ 27-2001 and 27-2081, which establish minimum habitability conditions—including proper lighting, ventilation, dry conditions, and drainage—that must be met for the unit to be lawfully occupied at all. If a unit fails to meet these standards, a tenant may raise the violation as a defense in housing court proceedings or file a complaint with the New York City Department of Housing Preservation and Development, which has authority to inspect and require corrective action. Tenant-rights organizations in New York City can help residents understand what documentation to gather and what options may be available when these baseline conditions are not being maintained.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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