Subchapter 1 - General Provisions

Subchapter 2 Maintenance, Services, and Utilities

Subchapter 3 Physical and Occupancy Standards for Dwelling Units

Subchapter 4 Administration

Subchapter 5 Legal Remedies and Enforcement

   a.   No multiple dwelling shall be so altered as to diminish the light and ventilation of any room in any way not approved by the department.
   b.   Every required window shall be so located as to light properly all portions of the room.
   c.   Any obstruction of required light and ventilation shall be unlawful.
   a.   Required windows. Every living room in a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, shall have at least one window opening on:
      (1)   a street;
      (2)   a lawful yard or court on the same lot;
      (3)   a partially enclosed balcony or space above a setback which opens directly to a street, yard or court if the area of the front of such balcony or space open to the outer air is at least equal to seventy-five percent of the floor area of such balcony or space; or
      (4)   A completely enclosed balcony or space above a setback in a fireproof multiple dwelling if: the enclosure is not more than one story in height; the outer enclosing walls and roof are of incombustible materials; an area, glazed with clear plate glass or plastic equivalent, on the outer enclosing walls if at least fifty percent of the area of the interior enclosing walls; and at least fifty percent of such glazed area opens on a street, legal yard or court. One-half of such glazed area shall be openable. A living room does not include a kitchen under this paragraph.
   b.   No required window of a living room shall open on an offset or a recess of less than six feet in width.
   c.   Size of windows.
      (1)   The total area of all windows in the room shall be at least one-tenth the floor area of such room, except that when a room opens solely on a balcony or space above a setback the total area of such opening shall be one-tenth the combined floor area of the room and that portion of the balcony or space directly in front of such room. In determining the ratio of windows to floor area, the combined glazed area of windows and doors opening on a balcony or a space above a setback may be used.
      (2)   Every required window shall be at least twelve square feet.
      (3)   At least one-half of every required window shall open, except that for a mullioned casement window a minimum of five and one-half square feet is sufficient. In a room where a centralized mechanical ventilating system provides forty cubic feet of air per minute, twenty-five percent of the window area or five and one-half square feet of such area, whichever is greater, shall be openable.
      (4)   The top of one required window in every room shall be at least seven feet above the floor, except that in dwellings erected pursuant to plans filed after April twenty-third, nineteen hundred fifty-nine, and prior to June fourteenth, nineteen hundred sixty-seven, this requirement shall not apply.
   d.   Through ventilation.
      (1)   No part of any living room with windows, or doors in lieu thereof, opening on a balcony or space above a setback shall be more than thirty feet from the exterior face of the outer enclosing wall.
      (2)   In any dwelling unit in a non-fireproof multiple dwelling or in a dwelling unit of three rooms or less in a fireproof multiple dwelling, no part of any room shall be more than thirty feet from a window opening on a street or yard unless such room also opens on a legal court.
   e.   Openings on lot line. Every window and its assembly in a wall situated on a lot line, except a street line, shall be fireproof; the assembly shall have a fire resistive rating of at least three-quarters of an hour; and the window shall be glazed with wire glass at least onequarter of an inch thick. Every such window shall be of automatic selfclosing construction whenever it is less than fifty feet above the non-fireproof roof of another structure located thirty feet or less from the lot line.
   f.   Dining space. A dining space shall have a window which:
      (1)   Complies with the provisions of subdivision a of this section, and
      (2)   Has an area at least one-eighth the floor area of such dining space.
   a.   Required windows. Except as provided in subdivision c, every living room in a converted dwelling shall have at least one window opening on:
      (1)   A street,
      (2)   A yard or outer court which complies with the provisions of section one hundred seventy-two of the multiple dwelling law, or
      (3)   An inner court or shaft with minimum dimensions of three feet, nine inches in width and eight feet in length.  For a room located on the top story, a skylight of the dimensions required in subdivision b may be substituted for a window.
   b.   Size of windows.
      (1)   The total area of all windows in the room shall be at least one-tenth the floor area of such room.
      (2)   Every required window or skylight shall be at least twelve square feet, except that if the total area of windows in the room is one-eighth of the floor area this requirement shall not apply.
      (3)   At least one-half of every required window shall open. One-half of the skylight shall have ventilating openings, unless (a) the skylight is equipped with a minimum of one hundred and forty-four square inches of ventilation, and (b) there is at least one window in the room, and (c) the combined glazed area of the skylight and window is at least one-eighth of the floor area.
      (4)   The top of every required window shall be at least seven feet above the floor, except that on the top story it shall be a minimum of six feet above the floor.
   c.   Noncomplying rooms.
      (1)   A room which is noncomplying with the minimum room size requirements of subdivision b of section 27-2074 of article four of this subchapter or with the requirements of subdivisions a and b of this section may not be occupied unless it has a single or unbroken opening of not less than thirty-two and one-half square feet into an immediately adjoining room. Such adjoining room shall have a window on a street or a yard which complies with the provisions of section one hundred seventy-two of the multiple dwelling law, except that if the dwelling is two stories or less in height, the window of such adjoining room may open on an outer court or a court not less than four feet in width extending from street to yard.
      (2)   No room may be subdivided in any manner unless each subdivided portion meets the requirements of paragraph one of this subdivision, or of subdivision a of this section.
   a.   Required windows. Every living room in a new law tenement shall have a window opening on:
      (1)   A street, or
      (2)   A lawful yard or court.
   b.   Size of windows.
      (1)   The total area of all windows in the room shall be at least one-tenth the floor area of such room.
      (2)   Every required window shall be at least twelve square feet.
      (3)   At least one-half of every required window shall open.
      (4)   The top of one required window in a room shall be at least seven feet six inches above the floor.
   c.   Through ventilation.
      (1)   Every part of a dwelling unit of three rooms or less shall be either within eighteen feet of a street or yard or have a window opening upon a lawful court.
      (2)   If the window of any room opens on an inner court with a width of less than ten feet between the exterior wall of the dwelling and the lot line, there shall be a sash window connecting such room to an adjoining room within the dwelling unit. The sash window shall have at least ten square feet of glazed area, one-half of which shall open.
   d.   Dining space. A dining space shall have at least one window:
      (1)   That complies with the provisions of subdivision a; and
      (2)   That has an area not less than one-eighth the floor area of such dining space.
   a.   Required windows. Every living room in an old law tenement shall either have a window opening:
      (1)   On a street; or
      (2)   On a yard at least four feet in depth; or
      (3)   On a court or shaft at least twenty square feet in area open to the sky without a roof or skylight; or
      (4)   Above the roof of an adjoining building; or it shall meet the requirements of the multiple dwelling law. In the event that a window opens above the roof of an adjoining building and the light and air from the adjoining lot is thereafter diminished in any way, the department may determine that such a room is a noncomplying room and require compliance with the requirements of the multiple dwelling law. For a room located on the top story, a ventilating skylight opening to the outer air may be substituted for a window. At least one-half of every required window shall open.
   b.   Dining space. A dining space shall have at least one window which:
      (1)   Opens on a street, yard or legal court, and
      (2)   Has an area not less than one-eighth the floor area of such dining space.
   a.   Required windows. Every living room shall have at least one window open to a street, public place or an open and unobstructed yard, court or other required open space on the same lot as the dwelling.
   b.   Size of windows; substitutes for windows.
      (1)   The total area of all windows in the room shall be at least one-tenth the floor area of such room, or twelve square feet, whichever is greater.
      (2)   Skylights, opening directly to the outer air, transparent or translucent panels or doors, or other natural light transmitting media may be substituted for window openings, subject to the approval of the department, if they provide an equivalent amount of light to that transmitted through the window area required in paragraph one of this subdivision.
      (3)   At least forty-five percent of the required window area, skylight or other openings shall be openable to provide natural ventilation. If a mechanical ventilation system provides forty cubic feet of air per minute, the openable area may be reduced to twenty-five percent.
   c.   Noncomplying rooms.
      (1)   A living room in a oneor two-family dwelling constructed after January first, nineteen hundred thirty-eight which meets the minimum room size requirements of article four of this subchapter but does not comply with subdivision a of this section may not be occupied unless it has a single unbroken opening of not less than sixty square feet into an immediately adjoining room. The adjoining room shall have at least one window opening to the outer air and such window shall be not less than one-tenth of the combined floor area of the room.
      (2)   In a one- or two-family dwelling constructed prior to January first, nineteen hundred thirty-eight, an opening shall be required between a room without a window and an immediately adjoining living room with at least one window. Such opening shall have a minimum size of thirty-two and one-half square feet.
   a.   Water closets are prohibited in any yard, court or other open space. The owner shall remove any such existing water closet or other similar receptacle and, under the direction of the department, disinfect the area where such receptacle was located.
   b.   Water closets are prohibited in a cellar or basement, unless they are either provided for lawful cellar and basement dwelling units, or are supplementary to water closets required under the provisions of this article.
   c.   In any apartment, a water closet may be placed in a separate compartment or in a bathroom.
   d.   In any apartment, no more than one water closet shall be placed within a single compartment.
   e.   In a class A multiple dwelling, a general toilet room containing more than one water closet is prohibited, unless such water closets are supplementary to the facilities required for each apartment, or serve the nonresidential portions of the premises.
   f.   In a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, no water closet located within a compartment or bathroom may open into any kitchen or kitchenette.
   a.   Every water closet compartment shall be at least two feet, four inches in clear width.
   b.   The walls enclosing every water closet compartment shall extend from floor to ceiling except in general toilet or bath rooms.
   c.   The walls of every water closet compartment and general toilet or bath room shall be plastered, tiled or covered with similar materials approved by the department.
   d.   The floor of every water closet compartment, bath room or general toilet room shall be waterproofed with material approved by the department. Such waterproofing shall extend at least six inches above the floor, except at the doors.
   e.   Drip trays are prohibited.
   f.   No water closet or other plumbing fixture shall be enclosed with any woodwork.
   a.   In every water closet compartment, bathroom and general toilet room one of the following requirements for light and ventilation shall be met:
      (1)   There shall be a window opening upon a street, yard, court, partially enclosed balcony or space above a setback, on an offset or recess which may be less than six feet in width. Every such window shall be at least three square feet in area and one-half of its area shall open.
      (2)   If the water closet compartment, bathroom or general toilet room is either located on the top story or is underneath the bottom of a lawful shaft or court, it may be lighted and ventilated by a skylight in the roof. Such skylight shall contain three square feet of glazed area and shall open.
      (3)   There shall be a system of mechanical ventilation, approved for construction and arrangement by the department. In a multiple dwelling such system of ventilation shall be maintained and operated continuously to provide at least four changes per hour of the air volume of each water closet, bathroom or general toilet room daily from six o'clock in the morning until midnight in all residential parts of a dwelling and from seven o'clock in the morning until seven o'clock at night in any nonresidental parts of a dwelling. In a private dwelling the approved system of mechanical ventilation may be switch-operated.
   b.   Nothing in this section shall require any change to be made in the lighting or ventilation of water closets, bathrooms, or general toilet rooms in any portion of any old law tenement or any converted dwelling if such lighting or ventilation was lawful on July first, nineteen hundred sixty-one and in one or two family dwellings if such lighting or ventilation was lawful on August second, nineteen hundred sixty-seven.
   a.   Multiple dwellings erected after nineteen hundred twenty-nine:
      (1)   Every apartment in a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine shall contain a water closet and a bath.
      (2)   In every such dwelling exceeding two stories in height, a water closet shall be accessible to every bedroom without passing through any other bedroom, and such access shall be required in every dwelling of two stories or less in height erected after July first, nineteen hundred sixty-one.
      (3)   In a multiple dwelling erected after July fourteenth, nineteen hundred sixty-seven, every apartment shall contain a washbasin.
   b.   Converted dwellings.
      (1)   Every apartment in a converted dwelling shall contain a water closet and a bath or shower; and every apartment in a dwelling converted after July first, nineteen hundred sixty-one shall also contain a washbasin.
      (2)   In an apartment located in a dwelling converted after April thirteenth, nineteen hundred forty, there shall be access to a water closet from every bedroom without passing through any other bedroom.
   c.   New law tenements.
      (1)   Every apartment in a new law tenement shall contain a water closet and a bath.
      (2)   In every apartment, a water closet shall be accessible to every bedroom without passing through any other bedroom.
   d.   Old law tenements.
      (1)   In every old law tenement a water closet shall be provided for the exclusive use of the occupants of every apartment. If it is not located within the apartment, the water closet shall be located on the same story as the apartment and shall be equipped with lock and key.
      (2)   Such water closet shall be constructed and ventilated as approved by the department.
   e.   New apartments in converted dwellings or tenements. After December ninth, nineteen hundred fifty-five, in any converted dwelling or tenement in which:
      (1)   the number of apartments in the dwelling is increased by any alteration, including the subdivision of existing apartments, the conversion of non-residential space or rooming units to apartments, or the enlargement of the dwelling; or
      (2)   all apartments in the dwelling are vacated by the department or, except in a summer resort dwelling, are untenanted for sixty days or more; a new certificate of occupancy shall not be issued and a newly created apartment shall not be occupied, or a vacated apartment reoccupied, unless it contains a water closet, bath or shower, and washbasin.
   f.   Requirements for all apartments in multiple dwellings effective January first, nineteen hundred seventy-three: Effective January first, nineteen hundred seventy-three, there shall be provided for the exclusive use of the occupants of each apartment in a multiple dwelling a water closet, a bath or shower; and a wash basin, except that in tenements, no wash basin shall be required pursuant to this section where there is a sink within the apartment.
   a.   Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in said rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities.
   b.   Every occupant of a rooming unit shall have access to each required water closet, washbasin and bath or shower without passing through any other rooming unit or portion of the dwelling reserved for other occupants.
   c.   Any additional water closet installed to comply with the requirements of subdivision a of this section shall be located in a compartment, separate from any other water closet, bath or shower, except that a required washbasin may be provided in such compartment. Such additional baths, or showers, shall be located in compartments separate from every required water closet.
   d.   Sanitary facilities for the exclusive use of and accessible only to the occupants of one rooming unit may be combined in a bathroom. Neither the facilities nor the occupants shall be counted in determining the number of the facilities required in subdivision a of this section.
   a.   Fireproof multiple dwelling. In a fireproof multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, in which any living room opens directly upon a public hall without any intervening room, foyer or passage, or in which any suites of two living rooms open upon a foyer giving direct access to a public hall, there shall be one water closet for every three such living rooms on a story. Every such water closet shall be accessible to one or more such rooms without passage through a public hall or bedroom. In a class B multiple dwelling, where any such living room does not have access to a water closet without passage through a public hall or bedroom, there shall be at least one water closet for every such fifteen living rooms or fraction thereof, and every such living room shall have access to a water closet through a public hall.
   b.   Fireproof class B dwelling. In a fireproof class B multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, in which every living room, excluding rooms occupied by management and maintenance personnel of the dwelling, opens directly to a public hall without passing through any other room, foyer or private hall, there shall be two water closets for the first twenty living rooms or fraction thereof, and one additional water closet for each additional fifteen living rooms or fraction thereof. Such water closets may be located in compartments or in general toilet rooms accessible from every living room on the floor. A urinal may be substituted for a water closet on any story where seventeen or more rooms are occupied exclusively by males, but not more than one-quarter of the required facilities may be urinals.
   c.   Nonfireproof class B dwellings. In a nonfireproof class B multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, there shall be one water closet and washbasin for every seven living rooms. One such water closet compartment with washbasin shall be accessible to every room on each floor.
   d.   Sanitary facilities for employees of tenants. If employees of the tenants occupy two or more rooms opening directly to the same public hall in a fireproof multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, there shall be one water closet for the first four rooms or fraction thereof and one additional water closet for each additional seven rooms or fraction thereof. Such facilities shall be accessible either directly from such rooms or through the public halls.
The owner of a one- or two-family dwelling shall provide for the exclusive use of the occupants of each dwelling unit at least one water closet, one washbasin, and one bath or shower. Such facilities shall be located on the same story as each dwelling unit, or on any of the stories to which a dwelling unit extends.
   a.   The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with gas or electricity or both for cooking.
   b.   The owner of a multiple dwelling shall provide every kitchen and kitchenette therein with a sink with running water, equipped with a waste and trap at least two inches in diameter.
   c.   Every kitchenette in a multiple dwelling shall be surrounded by partitions extending from the floor to the ceiling, except for entrances to such kitchenette. When located within a room, such kitchenette, except for entrances, shall be designed so that it is separated from said room. However, a kitchenette existing on December ninth, nineteen hundred fifty-five shall be deemed to be in compliance with this subdivision if it is maintained in accordance with prior acceptance or approval by the department.
The following requirements shall govern in multiple dwellings:
   a.   The lighting and ventilation of kitchens shall be governed by the provisions on lighting and ventilation in article one of this subchapter.
   b.   A kitchenette constructed after July first, nineteen hundred forty-nine, shall have a window opening upon a street, a yard, court, shaft, any partially enclosed balcony or space above a setback, as described in paragraph three of subdivision a of section 27-2058 of article one of this subchapter, or an offset or recess less than six feet in width. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. In lieu of such window, such kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette, or, when such kitchenette is on the top story, may have a skylight of at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and shall have ventilating openings of at least one-half of the area of the skylight.
   c.   A kitchenette constructed after July first, nineteen hundred forty-nine, may have a door or doors, if the lower portion of each door has a metal grille containing at least forty-eight square inches of clear openings or, in lieu of such grille, there are two clear open spaces, each of at least twenty-four square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb.
   d.   A kitchenette shall be deemed to be in compliance with this section if it was accepted or approved by the department on or before July first, nineteen hundred fifty-two, and if it was maintained in accordance with such acceptance or approval.
   a.   In a multiple dwelling, the owner shall fire-retard in every kitchen and kitchenette all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming food; or shall cover such combustible material with asbestos of at least three-sixteenths of an inch in thickness and twenty-six gauge metal, or with fire resistive material of equivalent rating, except where such cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall be at least two feet of clear space above the exposed cooking surface of any such apparatus.
   b.   In a multiple dwelling, the owner shall, in every kitchenette, either fire-retard the ceilings and walls, exclusive of doors, or install one or more sprinkler heads to fuse at a temperature not higher than two hundred and twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of at least one-half inch in diameter. Any kitchenette which was accepted or approved by the department on or before July first, nineteen hundred fifty-two and maintained in accordance with such acceptance or approval shall be deemed to be in compliance with this subdivision.
The following requirements shall govern one- and two-family dwellings:
   a.   The lighting and ventilation of kitchens constructed on or after July fourteenth, nineteen hundred sixty-seven shall be governed by the provisions on lighting and ventilation of section 27-2062 of article one of this subchapter.
   b.   Every kitchenette constructed on or after July fourteenth, nineteen hundred sixty-seven shall be provided with a window opening upon a street, yard, or court. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten percent of the floor area of such kitchenette. However, when a kitchenette is on the top story, it may have, in lieu of such window, a skylight at least one foot wide with a total area of at least four square feet or one-eighth of the area of the kitchenette, whichever is greater, and which shall have ventilating openings of at least one-half of the area of the skylight. In lieu of a window, a kitchenette may have mechanical ventilation to provide at least six changes per hour of the air volume of such kitchenette.
   c.   Every kitchenette may be equipped with a door or doors, if the lower portion of each such door has a metal grille containing at least forty-eight square inches of clear openings or, in lieu of such a grille, there are two clear open spaces, each of at least twenty-four square inches, one between the bottom of the door and the floor, and the other between the top of the door and the head jamb.
   d.   In every kitchen and kitchenette, constructed on or after July fourteenth, nineteen hundred sixty-seven, all combustible material immediately underneath or within one foot of any permanent apparatus used for cooking or warming food shall be fire-retarded or covered with asbestos at least three-sixteenths of an inch in thickness and twenty-six gauge metal or with fire-resistive material of equivalent rating, except where such permanent cooking or warming apparatus is installed in accordance with requirements established by the department in conformity with generally accepted safety standards. There shall always be at least two feet of clear space above any exposed cooking surfaces of such apparatus.
   e.   The owner shall, in every kitchenette constructed on or after July fourteenth, nineteen hundred sixty-seven, fire-retard the ceilings and walls, exclusive of doors.
   f.   The owner of a dwelling shall provide every kitchen and kitchenette with gas or electricity or both for cooking and with a sink with running water, equipped with a waste and trap at least two inches in diameter.
   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.
   a.   No dwelling unit shall be occupied by a greater number of persons than is permitted by this section.
      (1)   Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total livable floor area of the apartment by eighty square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than eighty square feet shall be counted in determining the maximum permitted occupancy for such apartment.  The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded.
      (2)   A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than one hundred ten square feet in a rooming house, or one hundred thirty square feet in a single room occupancy.
   b.   The maximum number of persons who may occupy a dormitory shall not exceed the occupancy permitted under section sixty-six of the multiple dwelling law, and the regulations issued thereunder by the department.
   c.   On written demand by the department, or by the owner when he or she rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy.
   d.   In any case where the birth of a child or its attainment of the age of four causes the number of persons or children to exceed the maximum occupancy permitted in this section, such excess occupancy shall be permissible until one year after such event.
   e.   In every rooming unit, a sign shall be posted showing the maximum lawful occupancy. Such sign shall be made and installed in the manner and location prescribed by the department and shall be maintained at all times.
   a.   No kitchen shall be occupied for sleeping purposes.
   b.   No rooming unit shall be occupied by a family with a child under the age of sixteen years, except that if a child is born to a family residing in such accommodations, the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner, the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article four of subchapter five of this chapter to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subdivision shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision a of section 27-2077 of this article, or (2) in a summer resort dwelling.
   a.   No rooming unit which was not classified and recorded as such in the department prior to May fifteenth, nineteen hundred fifty-four or converted to such use prior to April thirtieth, nineteen hundred fifty-six, shall be created in any dwelling, whether such conversion is effected with or without physical alterations, except for rooming units:
      (1)   Owned or controlled and operated by a hospital for occupancy by nurses and interns on its staff; or
      (2)   Owned and operated without profit by an educational, religious or charitable institution as a residence for the aged, or for working girls or women, or for working boys or men, or for delinquent, dependent or neglected children, or for students attending a school or college; or,
      (3)   approved by the commissioner of the department and created with the substantial assistance of loans, grants or subsidies from any federal, state or local agency or instrumentality; or
      (4)   approved by the commissioner of the department and owned, operated or used by any federal, state or local agency or instrumentality or by a non-profit organization.
   b.   When the ownership, operation or use by an institution or public agency for any of the purposes enumerated in subdivision a ceases, the certificate of occupancy shall expire.
   a.   A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section two hundred forty-eight or paragraph (a) of subdivision one of section fifty-three of the multiple dwelling law, and if each such boarder, roomer or lodger has access to, and the right to use, at least one water closet, bath or shower and one washbasin as may be required in or for an apartment in this code.
   b.   Where a tenant rents any part of an apartment in a multiple dwelling to more than two boarders, roomers or lodgers, such rental shall constitute a use of the apartment for single room occupancy and such rental in an apartment of a converted dwelling shall constitute an unlawful use as a rooming unit.
   c.   A family may rent one or more living rooms in a private dwelling to not more than two boarders, roomers or lodgers, except as otherwise prohibited under the zoning resolution of the city of New York.
Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in a rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities.
An owner or lessee of any dwelling containing rooming house accommodations or any room or rooms used for single room occupancy shall keep a register in such dwelling in the custody of a responsible agent. The register shall show: The name, signature, age, previous residence, date of arrival and date of departure of each tenant of rooming house accommodations or of a room or rooms used for single room occupancy; the room or rooms occupied by such tenant; and the names and ages of all persons residing in or occupying such room or rooms with such tenant. The owner or lessee of such a dwelling and the agent who maintains the register in such dwelling shall permit any officer or employee of the department or any inspector from any city department to inspect the register. It shall be unlawful for such owner or lessee knowingly to cause or permit any false entry to be made in such register. It shall be unlawful for any tenant to provide the owner or lessee of such dwelling with any false information on any matter required to be included in the register.
No dwelling unit in a cellar or basement of a multiple dwelling shall be occupied unless:
   a.   Such cellar or basement is properly lighted and ventilated to the satisfaction of the department; and
   b.   Except for rooms occupied in accordance with section 27-2082 of this article, cellar walls and ceilings are constructed of light-colored material, or are thoroughly whitewashed or painted a light color and are so maintained; such whitewash or paint shall be renewed as required by the department, whenever necessary in the opinion of the department; and
   c.   Such cellar or basement is free from dampness. In all new law tenements or multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and in all other dwellings whenever the department determines that the subsoil conditions on the lot so require, the cellar or other lowest floor and all exterior walls shall be dampproofed and waterproofed to the height of the ground level; and
   d.   Every yard, court, or other required open space on the same lot as the dwelling containing a dwelling unit in the cellar or basement is adequately drained to the satisfaction of the department; and
   e.   Such dwelling unit complies with all of the applicable requirements of the multiple dwelling law and of this code for dwelling units which are not located in the cellar or basement of the dwelling, except where more restrictive standards are required in this article.
A dwelling unit in the cellar or basement of a multiple dwelling may be occupied if all of the following requirements are met:
   a.   Every room has a minimum height of eight feet in every part in dwellings erected after July first, nineteen hundred fifty-seven, and of seven feet in dwellings erected prior thereto.
   b.   Every room has at least one-half of its height in every part above the highest level of an "adequate adjacent space." As used in this section an "adequate adjacent space" is an area outside the dwelling which:
      (1)   is thirty feet in its least dimension,
      (2)   is located on the same lot as the dwelling or in a street or public place,
      (3)   is open and unobstructed, except as provided in subdivision nine of section twenty-six of the multiple dwelling law, and
      (4)   abuts at the same level, or directly below, every part of the exterior walls of every dwelling unit located on the same floor.
   c.   The bottom of such "adequate adjacent space" is at a level no higher than six inches below the sill of any required window opening on such space.
   d.   Whenever the floor of any part of the dwelling unit is below the level of such "adequate adjacent space," either the ceiling, walls and partitions of the dwelling unit are fire retarded or the dwelling unit is equipped with a sprinkler system in a manner satisfactory to the department.
   e.   The entire cellar or basement in which the dwelling unit is located complies with all requirements of the multiple dwelling law with respect to fire protection and to means of egress, including cellar and basement stairs and cellar entrances.
   f.   A cellar occupied hereunder for dwelling purposes shall be counted as a story for the purpose of the requirements of the multiple dwelling law with respect to means of egress, but shall not be counted as a separate story for the purpose of determining when a dwelling must be of fireproof construction. 
Except as provided in subdivision d of section 27-2082 of this article, no dwelling unit in the cellar or basement of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine may be occupied unless:
   a.   Every room in a dwelling erected after July fourteenth, nineteen hundred sixty-seven has a minimum height of eight feet, and in dwellings erected prior thereto has a minimum height of nine feet in every part, except that four beams each not more than twelve inches wide may extend a minimum of six inches below the basement ceiling.
   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 the dwelling, or
      (2)   Two feet for a room in a dwelling unit located in the rear of the 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 a required window 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 or yard.
   e.   A required window in every room shall comply with the provisions of subdivision c of section 27-2058 of article one of this subchapter, except that the total area of all windows in such room shall be at least one-eighth of the floor area of the room and the top of each window shall be located not more than one foot from the ceiling.
   f.   Except as provided in subdivision g, not more than one apartment, as recorded in the certificate of occupancy, shall be located in the cellar unless the yard is sixty feet or more in depth. Such apartment 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 in width.  Every part of the apartment shall be:
      (1)   Within twenty-five feet of the inner surface of the front or rear wall of the dwelling, or
      (2)   Have a window opening upon a court of the dimensions provided in subdivision seven of section twenty-six of the multiple dwelling law but in no event shall such court be less than ten feet in width.
   g.   A maximum of three additional rooms may be located in the cellar exclusively for the use of persons regularly and continuously employed in the maintenance of such dwelling. Each such room:
      (1)   Shall be completely separated from any other room or private hall;
      (2)   Shall have access to at least one bathroom without passing through the apartment provided for in subdivision f; and
      (3)   Shall comply with the provisions of subdivision f for required windows.
   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.
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.
   a.   No dwelling unit in the cellar of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082, 27-2083, 27-2085 of this article or all of the following provisions:
      (1)   Every room has a minimum height of eight feet in every part.
      (2)   In every room of a dwelling unit located at the front of the dwelling, every part of the ceiling is at least four feet above the surface of the street in front of every such part.
      (3)   In a dwelling unit located in the rear, every room has at least one-half of its height in every part above the highest level of an adjoining space which: Abuts every part of the exterior wall of such room; has a minimum dimension of thirty feet measured at a right angle to the outer surface of such wall; and is open and unobstructed, except as permitted in subdivision nine of section twenty-six of the multiple dwelling law.
      (4)   Every room has at least one window opening upon a street, yard or the adjoining space required in paragraph three and at least one-half of every such window shall open.
   b.   No dwelling unit in the basement of an old law tenement may be occupied unless it complies with the requirements of sections 27-2082, 27-2083, 27-2085 of this article, subdivision a of this section, or all of the following provisions:
      (1)   Every room has a minimum height of seven feet, six inches in every part.
      (2)   Every room has at least one window opening upon a street, a yard with a minimum depth of twelve feet or a court with dimensions of not less than six feet by twelve feet. Such room is a part of a dwelling unit containing at least one room with a window opening upon a street or such a yard.
      (3)   At least one-half of a required window shall open.
   c.   A room in the basement of an old law tenement may be occupied by a family solely in conjunction with their occupancy of the entire story above, if such room has a minimum height of seven feet in every part and is not occupied for sleeping purposes.
   a.   Cellar occupancy: No room in the cellar of a one- or two-family dwelling shall be rented and no member of the family or families occupying the dwelling shall use such room for sleeping, eating or cooking purposes, except that a secondary kitchen for accessory cooking may be located in the cellar.
   b.   Use of basement by occupants of the dwelling:  A room in the basement of a one- or two-family dwelling may be occupied for living purposes by members of the family or families in conjunction with their occupancy of the dwelling if the following conditions are met:
      (1)   Such room complies with all of the requirements of this code for rooms which are not located in the cellar or basement; except that the minimum ceiling height required in one family dwellings shall be seven feet.
      (2)   Whenever the department determines that the subsoil conditions on the lot so require, the basement or other lowest floor and all exterior walls as high as the ground level shall be dampproofed and waterproofed.
   c.   Rental of basement:  An apartment, in the basement of a one-family dwelling may be occupied, unless otherwise prohibited under the zoning resolution of the city of New York, if it meets the requirements of subdivision b and all of the following conditions:
      (1)   Such basement occupancy is limited to one family which, for the purposes of this section, shall not include boarders.
      (2)   Every room shall have a window complying with the requirements of section 27-2062 of article one of this subchapter.
      (3)   The bottom of any yard or other required open space shall be no higher than six inches below the window sill of any required window in any room.
   d.   Conversion to multiple dwelling. No private dwelling of more than three stories in height which was erected after April eighteenth, nineteen hundred twenty-nine shall be converted to a multiple dwelling unless it complies with all the provisions of the multiple dwelling law applicable to dwellings erected after April eighteenth, nineteen hundred twenty-nine.
The board of standards and appeals shall have those powers and authority as set forth in section three hundred ten of the multiple dwelling law.
   a.   In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after July fourteenth, nineteen hundred sixty-seven:
      (1)   Became untenanted for a period of sixty days or more, or
      (2)   Were, or shall become, untenanted by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is untenanted, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department, (2) such work has been completed by the owner and approved by the department, and (3) a new certificate of occupancy has been obtained.
   b.   The provisions of this article shall not apply to:
      (1)   any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or
      (2)   any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in paragraph fortysix of subdivision a of section 27-2004 of article one of subchapter one of this chapter, or
      (3)   any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased.
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