N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2088
Powers of the board of standards and appeals; cellar and basement occupancies (New York City Housing Maintenance Code)
Operative Text
The board of standards and appeals shall have those powers and authority as set forth in section three hundred ten of the multiple dwelling law.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2088, the Board of Standards and Appeals is granted the same powers and authority over cellar and basement occupancies in multiple dwellings as are defined in Section 310 of the Multiple Dwelling Law. This provision establishes the legal basis for the Board's jurisdiction, effectively incorporating that state-level grant of authority into the city's housing maintenance code. The rule governs how variances, special permits, or other determinations related to cellar and basement dwelling spaces may be reviewed and decided.
Plain English — not legal advice.
Property owners and managers dealing with cellar or basement spaces in multiple dwellings should be aware that under N.Y.C. Admin. Code §§ 27-2001 and 27-2088, the Board of Standards and Appeals holds defined authority over such occupancies as derived from Section 310 of the Multiple Dwelling Law. Operators who seek to use below-grade spaces for residential purposes typically engage with the Board's review processes before proceeding, since the Board's authority includes oversight of whether such spaces meet applicable standards. Compliant operators generally document any Board determinations and maintain records of approvals related to cellar or basement occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants residing in or considering a cellar or basement unit in a multiple dwelling should know that N.Y.C. Admin. Code §§ 27-2001 and 27-2088 vest the Board of Standards and Appeals with authority over such spaces, drawing from Section 310 of the Multiple Dwelling Law. This means there is a designated body with jurisdiction to review whether below-grade spaces are lawfully occupied, which can be relevant if questions arise about the legality of a unit. Tenants who have concerns about the status of a cellar or basement dwelling may explore filing a complaint with the New York City Department of Housing Preservation and Development or consulting a tenant-rights organization for guidance on 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.
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