N.Y. Multiple Dwelling Law § 177: Rooms in basements and cellars

§ 177. Rooms in basements and cellars. 1. No room in any cellar shall

be occupied for living purposes, except as provided in subdivision six

of section thirty-four or in subdivision three of this section.

2. A room occupied for living purposes in a basement shall comply with

the requirements of sections one hundred seventy-three and one hundred

seventy-four except as provided in subdivision four of this section.

3. Where more than sixty per centum of the height of a cellar is below

the level of the curb on which a dwelling faces, but the floor of such

cellar is approximately at the level of the yard thereof and such yard

is not less than thirty feet in depth at every point, the department may

permit the use of such cellar for living purposes if it shall deem such

cellar adequately lighted and ventilated and habitable. When permission

is granted such a cellar shall be deemed a basement.

4. The basement of a converted dwelling may be used for living

purposes without meeting the requirements of subdivisions one and two of

section one hundred seventy-three if such dwelling meets the other

applicable requirements of such section and of this chapter, including

the following:

a. Such a dwelling shall not exceed three stories, including the

basement, in height.

b. It shall be occupied by not more than one family on any story,

including the basement. For the purposes of this subdivision a family

shall not be deemed to include any boarders, lodgers or roomers.

c. It shall have at least one court two feet or more in width

extending across the entire depth of the lot from the street to the

yard.

d. The department shall deem the basement to be adequately lighted and

ventilated, free of any dampness, sanitary and habitable.

e. There shall be a separate water-closet compartment within the

basement apartment conforming to the provisions of section two hundred.

f. Such dwelling shall not be required to comply with section one

hundred eighty-seven if a scuttle is provided conforming to section one

hundred eighty-eight.

(g) This subdivision is applicable only to buildings noted, classified

or recorded as such converted dwellings in the department prior to

January first, nineteen hundred sixty-six.

5. Notwithstanding any provisions of this section or of subdivision

five of section three hundred, an apartment or room in a cellar which

was occupied for living purposes at any time on or after October first,

nineteen hundred fifty-two may thereafter continue to be occupied for

such purposes until July first, nineteen hundred sixty-seven in

accordance with the conditions imposed by subdivision five of section

two hundred sixteen.