N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2086
Occupancy of cellars and basements in old law tenements (New York City Housing Maintenance Code)
Operative Text
a. No dwelling unit in the cellar of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082 , 27-2083 , 27-2085 of this article or all of the following provisions: (1) Every room has a minimum height of eight feet in every part. (2) In every room of a dwelling unit located at the front of the dwelling, every part of the ceiling is at least four feet above the surface of the street in front of every such part. (3) In a dwelling unit located in the rear, every room has at least one-half of its height in every part above the highest level of an adjoining space which: Abuts every part of the exterior wall of such room; has a minimum dimension of thirty feet measured at a right angle to the outer surface of such wall; and is open and unobstructed, except as permitted in subdivision nine of section twenty-six of the multiple dwelling law. (4) Every room has at least one window opening upon a street, yard or the adjoining space required in paragraph three and at least one-half of every such window shall open. b. No dwelling unit in the basement of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082 , 27-2083 , 27-2085 of this article, subdivision a of this section, or all of the following provisions: (1) Every room has a minimum height of seven feet, six inches in every part. (2) Every room has at least one window opening upon a street, a yard with a minimum depth of twelve feet or a court with dimensions of not less than six feet by twelve feet. Such room is a part of a dwelling unit containing at least one room with a window opening upon a street or such a yard. (3) At least one-half of a required window shall open. c. A room in the basement of an old law tenement may be occupied by a family solely in conjunction with their occupancy of the entire story above, if such room has a minimum height of seven feet in every part and is not occupied for sleeping purposes.
N.Y.C. Admin. Code §§ 27-2001 and 27-2086 set out the physical conditions that must be met before any cellar or basement dwelling unit in an old law tenement can lawfully be occupied. Cellar units face stricter requirements—including minimum ceiling heights of eight feet, specific relationships between the ceiling and street level, and mandatory window openings—while basement units must meet somewhat less demanding but still detailed standards for height, windows, and ventilation. A limited exception under subdivision (c) allows a basement room to be used by a family only as an adjunct to their occupancy of the full floor above, provided the room meets a seven-foot height minimum and is not used for sleeping.
Plain English — not legal advice.
Operators of old law tenements should be aware that under N.Y.C. Admin. Code §§ 27-2001 and 27-2086, neither cellar nor basement dwelling units may be placed into residential occupancy unless each room satisfies the applicable height, window, and light-and-air standards spelled out in the provision. Compliant operators typically document ceiling heights, window dimensions, and the relationship of the space to adjacent open areas before allowing any tenant to move in. Because the requirements differ between cellars and basements—and because cross-references to sections 27-2082, 27-2083, and 27-2085 create alternative compliance pathways—property managers generally review all applicable standards carefully before renting these spaces.
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 27-2086, tenants living in cellar or basement units of old law tenements have a right to occupy spaces that meet minimum physical standards for ceiling height, window access, and ventilation. If a unit does not appear to meet these requirements, tenants may consider filing a complaint with the New York City Department of Housing Preservation and Development, which oversees housing maintenance standards in the city. Tenant-rights organizations can also help residents understand whether their specific unit's conditions fall within the scope of this provision and what general options may be available.
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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