N.Y.C. Admin. Code § 28-507.4.1: § 28-507.4.1 Issuance of authorization for temporary residence.

The department may issue an authorization for temporary residence upon determining that:

1. The basement or cellar referenced in such application is an eligible basement or cellar residence;

2. Such eligible basement or cellar residence contains an apartment that was in existence prior to April 20, 2024; and

3. Such eligible basement or cellar residence has been inspected, and:

3.1. Would not pose an imminent risk to the life or safety of occupants;

3.2. Contains a battery-operated or hard-wired smoke detector and carbon monoxide detector;

3.3. Contains at least 1 means of egress directly to the outdoors in accordance with the construction standards of chapter 10 of the New York city building code, including access to a public way. Such means of egress shall be an exterior door that swings inward and is provided with landings on both the interior and exterior sides in accordance with section 1010.1.6 of the New York city building code; and

3.4. Has a minimum clear ceiling height in accordance with section U202.5 of appendix U of the New York city building code.

(L.L. 2024/126, 12/18/2024, eff. 6/16/2025)