N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2084
Occupancy of cellars and basements in converted dwellings (New York City Housing Maintenance Code)
Operative Text
a. Except as provided in 27-2082 of this article, no dwelling unit in the cellar of a converted dwelling may be occupied for living purposes unless: (1) The yard adjoining such dwelling unit; has a minimum depth of thirty feet or more at every point; is open and unobstructed except as permitted by subdivision nine of section twenty-six of the multiple dwelling law; and abuts the exterior wall of such dwelling at a level no higher than the floor of any room contained in the dwelling unit; and (2) The department determines that the dwelling unit is habitable. Such a cellar shall be deemed a basement for the purpose of all requirements of the multiple dwelling law and of this code. b. Except as provided in section 27-2082 of this article, no dwelling unit in the basement of a converted dwelling may be occupied unless: (1) Every living room has a minimum height of seven feet in every part; and (2) Every living room has at least one window which complies with the provisions of subdivision b of section 27-2059 of article one of this subchapter, except that the top of at least one window shall be a minimum of six feet above the floor, or if the room does not comply with the foregoing provisions of this paragraph two, it complies with the provisions of subdivision c of section 27-2059 of article one of this subchapter. c. The basement of a dwelling converted in accordance with the provisions of subdivision four of section one hundred seventy-seven of the multiple dwelling law may be occupied only if the dwelling is classified and recorded in the department as such a converted dwelling prior to January first, nineteen hundred sixty-six.
N.Y.C. Admin. Code §§ 27-2001 and 27-2084 set out the conditions under which cellar and basement units in converted dwellings may lawfully be used for residential occupancy. Cellar units require an adjoining yard of at least thirty feet in depth and a departmental finding of habitability, at which point the cellar is treated as a basement under applicable law. Basement units must meet minimum ceiling heights and window standards. Additional restrictions apply to dwellings converted under a specific provision of the Multiple Dwelling Law, limiting occupancy to buildings recorded with the department before January 1, 1966.
Plain English — not legal advice.
Operators of converted dwellings in New York City should be aware that §§ 27-2001 and 27-2084 impose distinct physical and administrative requirements before cellar or basement units can be rented for residential use. Compliant operators typically verify yard dimensions, ceiling heights, and window specifications, and obtain the required departmental habitability determination before allowing occupancy. Buildings converted under Multiple Dwelling Law § 177(4) must also confirm that the dwelling was classified and recorded with the department prior to January 1, 1966.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2084, tenants living in cellar or basement units of converted dwellings have the right to occupy a space that meets specific structural and habitability standards set by the city. If a unit does not appear to meet these requirements—such as inadequate ceiling height or missing qualifying windows—tenants may consider filing a complaint with the New York City Department of Housing Preservation and Development or consulting a tenant-rights organization familiar with housing code enforcement. Tenants may also raise a violation of these provisions as a defense in certain housing proceedings.
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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