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§27-2085 Occupancy of Cellars and Basements in New Law Tenements
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Except as provided in section 27-2082 of this article, no dwelling unit in the cellar or basement of a new law tenement may be occupied unless:
a. Every room has a minimum height of nine feet in every part.
b. Every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than:
(1) Four feet six inches for a room in a dwelling unit located in the front of a dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of a dwelling. If the yard is sixty feet or more in depth this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts.
c. The level of any yard or court upon which such a room opens conforms to the requirements of subdivision eight of section twenty-six of the multiple dwelling law.
d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street, yard or outer court with either:
(1) A minimum width of eighteen feet and a maximum depth of thirty feet, or
(2) A depth which does not exceed the width by more than one-half.
e. A required window shall comply with the provisions of subdivision b of section 27-2060 of article one of this subchapter, except that the total area of all windows in a room shall be at least one-eighth the floor area of the room and the top of each window shall be located not more than one foot from the ceiling.
f. Not more than one apartment, as recorded either in the certificate of occupancy or legally existing and recorded in the department prior to nineteen hundred twenty-nine, shall be located in the cellar unless the yard is sixty feet or more in depth. Such dwelling unit shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet six inches in width. Every part of such dwelling unit shall be located within twenty-five feet of the inner surface of the front or rear wall of the dwelling or shall have a window opening upon a court not less than twelve feet in width.