Cal. Civ. Code § 211
Height and bulk
Operative Text
§ 211. Height and bulk. 1. No tenement shall be increased in height so that its height shall exceed by more than one-half the width of the widest street upon which it stands. Except as otherwise provided in subdivision four of this section, no non-fireproof tenement shall be increased in height so that it shall exceed five stories, except that any tenement may be increased to any height permitted for multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, if such tenement conforms to the provisions of this chapter governing like multiple dwellings erected after such date. 2. If there are bulkheads, superstructures or penthouses exceeding ten feet in height or exceeding in aggregate area ten per centum of the area of the roof, the measurement of height shall be taken to the top of such bulkhead, superstructure or penthouse, except that this shall not apply to elevator enclosures not exceeding twenty-three feet in height used solely for elevator purposes, nor to open pergolas or similar open ornamental treatment of roof-gardens or playgrounds. 3. In a fireproof tenement house in which one or more passenger elevators are operated, penthouses may be erected on the main roof. Such penthouses shall be set back at least five feet from the front walls and ten feet from the rear walls of the dwelling and at least three feet from any court wall. Such penthouses shall have a clear inside height of not less than nine feet from finished floor to finished ceiling, and shall not exceed twelve feet in height from the high point of the main roof to the highest point of the penthouse roof. Such penthouses shall not be deemed to affect the measurement of height of the dwelling. All such penthouses shall be entirely fireproof except that windows shall not be required to be glazed with wire glass. 4. Any non-fireproof old-law tenement five stories in height may be increased in number of stories to six provided that such increase in number of stories does not result in an increase in the height of the roof beams above the curb level. In any tenement so altered, the first floor above the lowest cellar, or, if there be no cellar, above the basement or other lowest story, shall be fireproof. Any yard or court of such altered tenement shall not be less in any dimension than the minimum dimensions prescribed in section twenty-six.
New York Multiple Dwelling Law § 211 sets limits on how tall a tenement building can be raised through vertical additions. Generally, a building's height cannot be increased beyond one-and-a-half times the width of the widest street it faces, and non-fireproof tenements are capped at five stories unless they are brought into full compliance with post-1929 construction standards. The law also specifies how certain rooftop structures—such as bulkheads, penthouses, and superstructures—are measured for height purposes, and carves out narrow exceptions for elevator enclosures, open pergolas, and qualifying penthouses on fireproof elevator buildings.
Plain English — not legal advice.
Property owners and managers considering vertical expansions of tenement buildings must work within the height and bulk framework established by N.Y. Mult. Dwell. Law § 211. Compliant operators typically confirm whether a building is classified as fireproof or non-fireproof before planning any addition, verify that the proposed height does not exceed the street-width ratio, and ensure that any rooftop structures such as penthouses meet the setback, height, and fireproofing requirements spelled out in the provision. When pursuing the limited exception under subdivision four—adding a sixth story to a qualifying five-story non-fireproof old-law tenement—operators generally confirm that roof beam elevation at curb level remains unchanged and that the required fireproofing of the first floor above the lowest cellar is incorporated into the project.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in tenement buildings have an interest in knowing that N.Y. Mult. Dwell. Law § 211 places firm limits on how a landlord may expand a building upward, including rules about rooftop structures and penthouse additions. If a building appears to have been altered in a way that may not conform to these height and bulk restrictions, tenants can document the conditions and raise the issue with the New York City Department of Buildings or a local housing agency. Tenant-rights organizations can also help residents understand whether an alteration may implicate § 211 and what general options exist for flagging potential violations.
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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