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What is NYC AC § 28-507.3?

Quick Answer

This section allows the Department to authorize the use of eligible basement or cellar residences as apartments within the program area, despite conflicting provisions in previous building codes or local laws. Applies to building owners seeking to utilize basement or cellar spaces for residential purposes.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-507.3 Occupancy.

AC § 28-507.3

Notwithstanding section 27-751 of the 1968 New York city building code, section 27-2087, section 1208.2 of the New York city building code, any applicable laws in existence prior to December 6, 1968, or any provision of any other local law or the multiple dwelling law that is inconsistent with or that would frustrate the purpose of this article, the department may authorize the use of an eligible basement or cellar residence within the program area as an apartment in accordance with this article. (L.L. 2024/126, 12/18/2024, eff. 6/16/2025)

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