N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2087
Occupancy of cellars and basements in one- and two-family dwellings (New York City Housing Maintenance Code)
Operative Text
a. Cellar occupancy : (1) No room in the cellar of a one- or two-family dwelling shall be rented except for the rental and use of an ancillary dwelling unit, as defined in section U102.1 of the New York city building code, that is located in a cellar and for which a certificate of occupancy or temporary certificate of occupancy has been issued. (2) No member of the family or families occupying the one- or two-family dwelling shall use a room in the cellar for sleeping, eating, or cooking purposes, except that a secondary kitchen for accessory cooking may be located in the cellar. b. Use of basement by occupants of the dwelling : A room in the basement of a one- or two-family dwelling may be occupied for living purposes by members of the family or families in conjunction with their occupancy of the dwelling if the following conditions are met: (1) Such room complies with all of the requirements of this code for rooms which are not located in the cellar or basement; except that the minimum ceiling height required in one family dwellings shall be seven feet. (2) Whenever the department determines that the subsoil conditions on the lot so require, the basement or other lowest floor and all exterior walls as high as the ground level shall be dampproofed and waterproofed. c. Rental of basement : An apartment, in the basement of a one-family dwelling may be occupied, unless otherwise prohibited under the zoning resolution of the city of New York, if it meets the requirements of subdivision b and all of the following conditions: (1) Such basement occupancy is limited to one family which, for the purposes of this section, shall not include boarders. (2) Every room shall have a window complying with the requirements of section 27-2062 of article one of this subchapter. (3) The bottom of any yard or other required open space shall be no higher than six inches below the window sill of any required window in any room. d. Conversion to multiple dwelling : No private dwelling of more than three stories in height which was erected after April eighteenth, nineteen hundred twenty-nine shall be converted to a multiple dwelling unless it complies with all the provisions of the multiple dwelling law applicable to dwellings erected after April eighteenth, nineteen hundred twenty-nine. (Am. L.L. 2026/080, 4/9/2026, eff. 4/9/2026)
N.Y.C. Admin. Code §§ 27-2001 and 27-2087 govern when and how cellar and basement spaces in one- and two-family dwellings may be used for living purposes. Cellar rooms generally cannot be rented out or used for sleeping, eating, or cooking by the dwelling's occupants, with a narrow exception for legally established ancillary dwelling units that hold a certificate of occupancy. Basement rooms, by contrast, may be used for living or even rented as a single-family apartment, but only when specific structural, lighting, ventilation, and dampproofing conditions are satisfied.
Plain English — not legal advice.
Operators of one- and two-family dwellings subject to §§ 27-2001 and 27-2087 generally ensure that no cellar room is offered for rent or used as sleeping, eating, or cooking space unless it qualifies as a properly certificated ancillary dwelling unit under the New York City Building Code. For basement spaces, compliant operators verify that ceiling heights, window placement, open-space clearances, and dampproofing requirements are all met before allowing occupancy or collecting rent. Maintaining documentation such as a certificate of occupancy for any below-grade unit is a standard practice for operators seeking to demonstrate compliance.
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 renting a cellar or basement space in a one- or two-family dwelling have protections under §§ 27-2001 and 27-2087 that set minimum habitability conditions for such spaces. A cellar unit rented without a valid certificate of occupancy, or a basement apartment that lacks proper windows, ceiling height, or waterproofing, may not legally qualify for occupancy under this provision. Tenants who believe their unit does not meet these standards may consider filing a complaint with the New York City Department of Housing Preservation and Development or reaching out to a tenant-rights organization to understand available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.