NYC Administrative Code

§ 27-2084 — Occupancy of cellars and basements in converted dwellings.

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What is NYC AC § 27-2084?

Quick Answer

This section regulates the occupancy of cellars and basements in converted dwellings, stipulating conditions for habitable units. It requires specific yard dimensions and height for living rooms, as well as window placement. The Department of Buildings is the enforcing agency. Applies to building owners of converted dwellings.

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

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§ 27-2084 Occupancy of cellars and basements in converted dwellings.

AC § 27-2084

a. Except as provided in 27-2082 of this article, no dwelling unit in the cellar of a converted dwelling may be occupied for living purposes unless: (1) The yard adjoining such dwelling unit; has a minimum depth of thirty feet or more at every point; is open and unobstructed except as permitted by subdivision nine of section twenty-six of the multiple dwelling law; and abuts the exterior wall of such dwelling at a level no higher than the floor of any room contained in the dwelling unit; and (2) The department determines that the dwelling unit is habitable. Such a cellar shall be deemed a basement for the purpose of all requirements of the multiple dwelling law and of this code. b. Except as provided in section 27-2082 of this article, no dwelling unit in the basement of a converted dwelling may be occupied unless: (1) Every living room has a minimum height of seven feet in every part; and (2) Every living room has at least one window which complies with the provisions of subdivision b of section 27-2059 of article one of this subchapter, except that the top of at least one window shall be a minimum of six feet above the floor, or if the room does not comply with the foregoing provisions of this paragraph two, it complies with the provisions of subdivision c of section 27-2059 of article one of this subchapter. c. The basement of a dwelling converted in accordance with the provisions of subdivision four of section one hundred seventy-seven of the multiple dwelling law may be occupied only if the dwelling is classified and recorded in the department as such a converted dwelling prior to January first, nineteen hundred sixty-six.

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