Cal. Civ. Code § 63
Sub-curb uses
Operative Text
§ 63. Sub-curb uses. 1. When any living room is below the level of the highest curb in front of any multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, in accordance with the provisions of paragraph f of subdivision one of section thirty-four, all portions of such dwelling below such level shall be fireproof throughout except that windows therein need not be fireproof but shall be of incombustible material and may be glazed with plain glass. 2. Except in multiple dwellings which do not exceed eighty feet in height measured from the lowest point of any curb on which any part of the dwelling faces, at least one means of egress from any apartment or suite of rooms below the level of the highest curb in front of such a dwelling shall lead directly to the street in front of said dwelling and at least one such means to the yard or street in the rear of said dwelling. Every yard in the rear of every such multiple dwelling, regardless of the height of such dwelling, shall at the lowest level of such yard be provided with a fire passage in compliance with the requirements for such a passage in paragraph f of subdivision five of section twenty-six. 3. Notwithstanding any other provisions of this section the department may require such additional means of egress from the said dwelling or protection from fire as the department may deem necessary for the safety of the occupants.
N.Y. Mult. Dwell. Law § 63 governs multiple dwellings built after April 18, 1929, where living rooms sit below the highest adjacent curb level. Under this provision, all below-curb portions of such buildings must be constructed of fireproof materials throughout, with windows made of incombustible material (though plain glass glazing is permitted). For apartments or suites located below that curb level, the law generally requires at least one exit leading directly to the front street and at least one leading to the rear yard or street, with rear yards also required to have a compliant fire passage — though buildings not exceeding eighty feet in height are treated somewhat differently. The relevant enforcement agency retains authority under § 63 to mandate additional egress or fire-protection measures beyond what the section explicitly specifies.
Plain English — not legal advice.
Operators of post-1929 multiple dwellings with below-curb living spaces should be familiar with the construction and egress standards set out in N.Y. Mult. Dwell. Law § 63. Compliant buildings generally feature fully fireproof construction in all sub-curb areas, incombustible window framing, and properly configured exit paths — including direct front-street and rear-yard egress routes for below-curb apartments, subject to the building's height classification. Because § 63 also grants the department discretionary authority to require additional fire-safety measures, property managers typically maintain open communication with the relevant municipal department and document all inspections and remediation work related to sub-curb spaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in apartments or suites situated below the highest curb level of a post-1929 multiple dwelling have an interest in the fire-safety and egress standards established by N.Y. Mult. Dwell. Law § 63. This provision contemplates that such units be served by clearly accessible exit routes — generally one toward the front street and one toward the rear — and that the surrounding structure meet fireproof construction standards. Tenants who have concerns about whether their building complies with § 63 may consider raising the issue with their local housing or buildings department, consulting a tenant-rights organization familiar with New York multiple dwelling law, or, where applicable, raising a violation of this provision as a defense or claim in a relevant housing proceeding.
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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