§27-2074 Minimum Room Sizes

   a.   In all multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, every living room shall have a minimum height of eight feet, except as required for cellars and basements in section 27-2082 or 27-2083 of article five of this subchapter. In a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine pursuant to plans filed and approved prior to December ninth, nineteen hundred fifty-five, and classified and recorded in the department, at least one living room in an apartment shall have a minimum floor area of one hundred thirty-two square feet; if erected, constructed or altered pursuant to plans filed on or after December ninth, nineteen hundred fifty-five, one living room shall have a minimum floor area of one hundred fifty square feet. Every other living room of an apartment in a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine shall contain eighty square feet and have a least minimum dimension of eight feet, except:

      (1)   A kitchen;

      (2)   A room complying with the light and ventilation requirements of subdivision a of section 27-2058 of article one of this subchapter, which has an opening of not less than sixty square feet into an immediately adjoining room, may have a minimum floor area of seventy square feet and a least horizontal dimension of seven feet;

      (3)   A dining space complying with the light and ventilation requirements of subdivision f of section 27-2058 of article one of this subchapter;

      (4)   One-half the number of bedrooms in an apartment containing three or more bedrooms may have a least minimum dimension of seven feet;

      (5)   A room in a class B multiple dwelling may have a floor area of sixty square feet and a least minimum dimension of six feet;

      (6)   A room in a lodging house, other than an apartment occupied by the owner, janitor, superintendent or caretaker, shall comply with the provisions of section sixty-six of the multiple dwelling law and rules and regulations issued pursuant thereto by the department.  No living room, except dormitories in a lodging house, shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section 27-2058 of article one of this subchapter.

   b.   In a converted dwelling, every living room shall have a minimum height of eight feet, except that a living room located on the top story shall have a minimum height of seven feet in any part located more than six feet from the front of such room, and a living room in the basement or cellar shall comply with the requirements of subdivision b of section 27-2084 of article five of this subchapter. Except as provided in subdivision e of this section, a living room in an apartment shall have a least minimum dimension of six feet, a minimum floor area of sixty square feet and a minimum of five hundred and fifty cubic feet of air; and a living room in a rooming unit shall have not less than five hundred and fifty cubic feet of air, unless it is:

      (1)   a kitchen;

      (2)   a noncomplying room which has an opening of not less than thirty-two and one-half square feet into an immediately adjoining room.

   c.   In a new law tenement, every living room shall have a least horizontal dimension of seven feet, except that if a living room is either located in a dwelling erected prior to nineteen hundred twelve, or is a kitchen or a sleeping room for a maid in a fireproof tenement where a passenger elevator is operated, a least minimum dimension of only six feet is required. Except as provided in subdivision e, one living room shall have a minimum floor area of one hundred twenty square feet, and every other room shall contain seventy square feet if the minimum height of the room is nine feet, or eighty square feet if such room has a minimum height of eight feet, unless it is:

      (1)   a kitchen;

      (2)   a dining space complying with the light and ventilation requirements of section 27-2060 of article one of this subchapter. A dining space is not permitted in an apartment with less than three rooms.  No living room shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section 27-2058 of article one of this subchapter for multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine.

   d.   In an old law tenement, every living room shall have a minimum floor area of sixty square feet, except as provided in subdivision e.

   e.   In a multiple dwelling erected prior to April eighteenth, nineteen hundred twenty-nine and altered pursuant to plans filed on or after December ninth, nineteen hundred fifty-five:

      (1)   At least one living room in an apartment and any room used for single room occupancy shall have a minimum floor area of one hundred fifty square feet.

      (2)   All other living rooms in an apartment, or in a rooming unit in a converted dwelling shall have a minimum floor area of seventy square feet, except that a room in a lodging house, other than a room in an apartment occupied by the owner, janitor, superintendent, or caretaker, shall comply with the provisions of section sixty-six of the multiple dwelling law and regulations issued pursuant thereto by the department.

   f.   As used in subdivisions a and e of this section, an alteration shall mean the subdivision of any previously existing residential units; the combination of residential units with nonresidential space within the multiple dwelling, any of which results in new dwelling units or rooming units; or the conversion without physical change to a rooming unit, whenever permitted under the provisions of section 27-2077 of this article.

   g.   Notwithstanding any of the provisions of this article, in every multiple dwelling the minimum acceptable floor area of rooms existing on December ninth, nineteen hundred fifty-five shall be the present lawful area, provided, however, that the rooms have not been altered since December ninth, nineteen hundred fifty-five.