Cal. Civ. Code § 177
Rooms in basements and cellars
Operative Text
§ 177. Rooms in basements and cellars. 1. No room in any cellar shall be occupied for living purposes, except as provided in subdivision six of section thirty-four or in subdivision three of this section. 2. A room occupied for living purposes in a basement shall comply with the requirements of sections one hundred seventy-three and one hundred seventy-four except as provided in subdivision four of this section. 3. Where more than sixty per centum of the height of a cellar is below the level of the curb on which a dwelling faces, but the floor of such cellar is approximately at the level of the yard thereof and such yard is not less than thirty feet in depth at every point, the department may permit the use of such cellar for living purposes if it shall deem such cellar adequately lighted and ventilated and habitable. When permission is granted such a cellar shall be deemed a basement. 4. The basement of a converted dwelling may be used for living purposes without meeting the requirements of subdivisions one and two of section one hundred seventy-three if such dwelling meets the other applicable requirements of such section and of this chapter, including the following: a. Such a dwelling shall not exceed three stories, including the basement, in height. b. It shall be occupied by not more than one family on any story, including the basement. For the purposes of this subdivision a family shall not be deemed to include any boarders, lodgers or roomers. c. It shall have at least one court two feet or more in width extending across the entire depth of the lot from the street to the yard. d. The department shall deem the basement to be adequately lighted and ventilated, free of any dampness, sanitary and habitable. e. There shall be a separate water-closet compartment within the basement apartment conforming to the provisions of section two hundred. f. Such dwelling shall not be required to comply with section one hundred eighty-seven if a scuttle is provided conforming to section one hundred eighty-eight. (g) This subdivision is applicable only to buildings noted, classified or recorded as such converted dwellings in the department prior to January first, nineteen hundred sixty-six. 5. Notwithstanding any provisions of this section or of subdivision five of section three hundred, an apartment or room in a cellar which was occupied for living purposes at any time on or after October first, nineteen hundred fifty-two may thereafter continue to be occupied for such purposes until July first, nineteen hundred sixty-seven in accordance with the conditions imposed by subdivision five of section two hundred sixteen.
New York Multiple Dwelling Law § 177 establishes strict rules about when basement and cellar spaces may be used for living purposes. As a general rule, cellars are off-limits for residential occupancy, though narrow exceptions exist for certain cellars with specific yard depths and lighting conditions, and for a limited class of converted dwellings recorded before January 1, 1966. Basement rooms used for living purposes must meet the light, ventilation, and habitability standards set out elsewhere in the law, with some relaxed requirements available only to qualifying converted dwellings of three stories or fewer occupied by a single family per floor.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 177 generally ensure that no cellar space is offered or maintained as a residential unit unless the building qualifies under one of the section's narrow exceptions and the relevant city department has granted permission. For basement units in converted dwellings, compliant operators confirm that the building was classified as a converted dwelling in the department prior to January 1, 1966, does not exceed three stories, houses no more than one family per floor, and that the basement apartment has been deemed adequately lighted, ventilated, sanitary, and habitable by the department. Operators typically document departmental approvals and verify that all structural and sanitary requirements—including a separate water-closet compartment meeting § 200—are satisfied before renting such spaces.
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 a basement or cellar unit should be aware that N.Y. Mult. Dwell. Law § 177 places significant restrictions on when such spaces may lawfully be used for residential purposes, including requirements around light, ventilation, dampness, and sanitation. If a cellar or basement unit does not appear to meet the conditions outlined in § 177, tenants may have grounds to raise a housing code violation, file a complaint with the local housing or buildings department, or contact a tenant-rights organization for guidance on available options. Reviewing whether the building holds the necessary departmental approvals—particularly for converted dwellings that must have been recorded before January 1, 1966—can be a useful starting point when questions arise about a unit's legal status.
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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