Cal. Civ. Code § 142
Sub-curb uses
Operative Text
§ 142. Sub-curb uses. 1. When such a dwelling is more than eighty feet in height measured from the lowest point of the yard or of any curb on which any part of the dwelling faces, whichever is lower, and any room in such dwelling below the level of the highest curb which any part of such dwelling faces is occupied for living purposes as permitted in paragraph f of subdivision one of section thirty-four, the yard at the level of such highest curb shall be set back so as to be at least eight feet greater in depth than the yard below such level unless the yard opens directly upon a street. 2. If such a dwelling is erected upon an interior lot running through from street to street, the wall of the dwelling facing the lowest street shall, at the level of the highest curb on which any part of such dwelling faces, be set back at least eight feet. 3. The setback of the yard or wall required by each of the two preceding subdivisions shall be a fire-terrace. Nothing herein contained shall be construed to permit a yard of smaller dimensions below the level of such fire-terrace than required by paragraph f of subdivision one of section thirty-four. 4. From each apartment below the level of such highest curb at least one means of egress shall lead directly to such fire-terrace in a manner approved by the department. Such fire-terrace shall be protected by a guard railing approved by the department, and shall afford safe and unobstructed access either directly to a street or to a covered fireproof passage at least three feet in width and seven feet in height leading directly and without obstruction to a street. 5. In all portions of such dwellings below the level of the highest curb all structural members, partitions, furrings and ceilings shall be constructed of incombustible materials. 6. Apartments may also be occupied for living purposes in cellars and basements in accordance with the provisions of subdivision six of section thirty-four.
N.Y. Mult. Dwell. Law § 142 governs multi-dwelling buildings that exceed eighty feet in height and contain living spaces below the level of the highest adjacent curb. When such sub-curb living areas exist, the law requires specific yard setbacks or wall setbacks to create a designated fire-terrace, mandates that at least one egress path from each affected apartment lead directly to that fire-terrace, and requires that all structural components in those below-curb portions be built from non-combustible materials. The fire-terrace itself must be guarded by an approved railing and must provide unobstructed access to a street, either directly or through a covered fireproof passage meeting minimum dimensional requirements.
Plain English — not legal advice.
Operators of tall multiple dwellings subject to N.Y. Mult. Dwell. Law § 142 generally ensure that any yard or wall setback required at the highest-curb level is properly constructed and maintained as a compliant fire-terrace. Compliant operators confirm that each apartment situated below that curb level has at least one department-approved egress route leading directly to the fire-terrace, and that the terrace itself features an approved guard railing with clear, unobstructed access to a street or qualifying fireproof passage. Additionally, operators verify that all structural members, partitions, furrings, and ceilings in the sub-curb portions of the building are composed entirely of non-combustible materials, and that any cellar or basement apartments meet the additional requirements referenced in § 142(6).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in apartments below the highest adjacent curb level in a tall multiple dwelling have rights under N.Y. Mult. Dwell. Law § 142, including the right to a building that provides at least one direct egress route to a fire-terrace and maintains that terrace in a safe, unobstructed condition. If a tenant believes these fire-safety or structural requirements are not being met, general enforcement paths include filing a complaint with the New York City Department of Buildings or the relevant local housing authority, or raising a violation of § 142 as part of a housing court proceeding. Tenant-rights organizations can help residents understand how these requirements apply to their building and what complaint or defense 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 September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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