Multiple Dwelling Law

TITLE 1
LIGHT AND AIR

S 26. Height, bulk, open spaces. 1. Dwellings affected. a. This
section, except as may specifically be provided otherwise in articles
six and seven, shall apply to all dwellings erected, enlarged, converted
or altered pursuant to plans filed on or after December fifteenth,
nineteen hundred sixty-one for the purpose of regulating their height
and bulk and regulating and determining the area of yards, courts and
other open spaces of such dwellings.
b. The construction, enlargement, conversion or alteration of any
dwelling undertaken pursuant to plans filed prior to December fifteenth,
nineteen hundred sixty-one in compliance with the provisions of sections
twenty-six, twenty-seven and twenty-eight of this chapter, as they
existed prior to the enactment of chapter ten hundred seventy-two of the
laws of nineteen hundred sixty, effective July first, nineteen hundred
sixty-one may be commenced, continued or completed as if such sections
remained in full force and effect. Notwithstanding the provisions of
subdivision four of section three hundred, the department shall not
require any change or modification in the height or bulk or in the area
of yards, courts and other open spaces of dwellings to be erected or
enlarged pursuant to plans filed prior to December fifteenth, nineteen
hundred sixty-one as a condition for the reissuance of a building permit
or the renewal of an approval, except as may otherwise be provided by
local law, ordinance or zoning ordinance.
c. Nothing in this section shall be construed to require any change in
the height, bulk, or open space of any dwelling erected, enlarged,
converted or altered pursuant to plans filed before December fifteenth,
nineteen hundred sixty-one.
d. Notwithstanding the provisions of paragraphs a, b or c, the
provisions of this section shall apply to buildings erected, enlarged,
converted or altered pursuant to plans filed prior to December
fifteenth, nineteen hundred sixty-one, where such compliance may be
required by local law, ordinance or zoning ordinance.
2. Definitions. For the purpose of this section certain words are
defined herein but such definitions shall not be held to modify or
affect legal interpretations of such terms or words as used in any local
law, ordinance, rule or regulation and shall apply in addition to and
not in substitution for the provisions of section four of this chapter.
a. "Accessory use or accessory structure": a use or structure
customarily incident to the principal use or building:
b. "Floor area": the sum of the gross horizontal areas of all of the
several floors of a dwelling or dwellings and accessory structures on a
lot measured from the exterior faces of exterior walls or from the
center line of party walls, except:
(1) cellar space;
(2) attic space providing head room of less than eight feet;
(3) space for mechanical equipment;
(4) elevator and stair bulkheads, tanks and cooling towers;
(5) open or roofed terraces, exterior balconies or porches, uncovered
steps and open porte-cocheres or breezeways abutting or adjoining grade
entrances;
(6) accessory space used for off-street motor vehicle parking or
storage.
c. "Floor area ratio (FAR)": A figure determined by dividing the floor
area of the several floors of all buildings on a lot by the area of such
lot.
d. "Corner lot": A lot bounded entirely by streets or a lot which
adjoins the point of intersections of two of more streets and in which
the interior angle formed by the extensions of the street lines in the
directions which they take at their intersections with lot lines other
than street lines, forms an angle of one hundred thirty-five degrees or
less. In the event that any street line is a curve at its point of
intersection with a lot line other than a street line, the tangent to
the curve at that point shall be considered the direction of the street
line. The portion of such lot subject to the regulations for corner lots
is that portion bounded by the intersecting street line and lines
parallel to and one hundred feet from each intersecting street line. Any
remaining portion of a corner lot shall be subject to the regulations
for a through lot or for an interior lot, whichever is applicable.
e. "Tower": A dwelling or dwellings or portion thereof which has an
aggregate horizontal area of not more than forty per centum of the area
of a lot, or, for lots of less than twenty thousand square feet, the per
centum set forth in the following table:
Area of lot Maximum percent
(in square feet) of lot coverage
10,500 or less ............................. 50 %
10,501 to 11,500 ........................... 49
11,501 to 12,500 ........................... 48
12,501 to 13,500 ........................... 47
13,501 to 14,500 ........................... 46
14,501 to 15,500 ........................... 45
15,501 to 16,500 ........................... 44
16,501 to 17,500 ........................... 43
17,501 to 18,500 ........................... 42
18,501 to 19,999 ........................... 41
3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling
or dwellings on a lot shall not exceed 12.0, except that a fireproof
class B dwelling in which six or more passenger elevators are maintained
and operated in any city having a local zoning law, ordinance or
resolution restricting districts in such city to residential use, may be
erected in accordance with the provisions of such zoning law, ordinance
or resolution, if such class B dwelling is erected in a district no part
of which is restricted by such zoning law, ordinance or resolution to
residential uses.
4. Height. A dwelling may be erected to any height and any number of
stories so long as it does not exceed the bulk limitations hereinafter
prescribed.
5. Rear yard. a. Except as otherwise provided in the zoning resolution
of the city of New York and except as hereinafter provided for a corner
lot, an interior lot within one hundred feet of the point of
intersection of the two street lines intersecting at an angle of one
hundred thirty-five degrees or less, an interior lot fronting on a block
measuring less than two hundred thirty feet in length between two
intersecting streets or a through lot, a rear yard shall be required for
each dwelling and shall extend the entire width of the lot at every
point. For dwellings occupying an entire block or a through lot, no rear
yard shall be required. When dwellings do not exceed in area thirty-five
per centum of the plot, the department shall permit such location of
yards and courts as will promote the best possible plot ventilation. For
purposes of this paragraph a, a block shall not be deemed less than an
entire block because a portion thereof is conveyed after construction of
such multiple dwelling or dwellings to a city for public park purposes.
b. Except as otherwise provided in the zoning resolution of the city
of New York, the minimum depth of a required rear yard shall be thirty
feet for the first one hundred twenty-five feet above curb level, and
fifty feet above that point. The depth of a rear yard shall be measured
at right angles from the rear lot line to the extreme exterior rear wall
of the dwelling. The provisions of this paragraph requiring a rear yard
fifty feet in depth for portions of a building in excess of one hundred
twenty-five feet above the curb level shall not be applied to a tower.
c. Except as otherwise provided in the zoning resolution of the city
of New York, on a corner lot no rear yard shall be required, provided,
however, every required window shall open into either:
(1) a lawful inner or outer court; or
(2) a side or rear yard with a minimum width or depth of thirty feet
in one direction; or
(3) if such lot is less than ten thousand square feet in area, a side
yard with a minimum width of twenty feet, or an inner space equivalent
to the area of a lawful inner court.
d. Except as otherwise provided in the zoning resolution of the city
of New York, on any through lot one hundred ten feet or more in maximum
depth from street to street, one of the following rear yard equivalents
shall be provided:
(1) An open area with a minimum depth of sixty feet, extending across
the entire lot and linking abutting rear yards, or if no such rear yards
exist, then an open area, with a minimum depth of sixty feet, midway (or
within five feet thereof) between the two street lines upon which such
through lot fronts and provided further that the provisions of paragraph
b of this subdivision shall apply above a height of one hundred and
twenty-five feet above the curb level as if such rear yard equivalent
were two adjoining rear yards; or
(2) Two open areas, each abutting and extending along the full length
of a street line, and each with a minimum depth of thirty feet measured
from such street line; or
(3) An open area adjoining and extending along the full length of each
side lot line, with a minimum width of thirty feet measured from each
side lot line.
e. When the maximum depth of any interior lot owned separately and
individually from all other adjoining tracts of land on December
fifteenth, nineteen hundred sixty-one is less than seventy feet, the
required depth of the rear yard of a dwelling on such lot for the first
one hundred twenty-five feet above curb level may be decreased one foot
for each foot by which the maximum depth is less than seventy feet.
However, any such yard shall never be less than ten feet in depth at any
point above its lowest level.
f. Except for fireproof buildings and except as otherwise provided in
this paragraph there shall be access from a street to the yard through a
fireproof passage either in a direct line or through a court. Such
passage shall be not less than three feet in clear width and seven feet
in height. Such passage shall not be required for a multiple dwelling
which does not exceed three stories in height and is not occupied by
more than one family on any story or three families in all or for a
dwelling which does not exceed two stories in height and is not occupied
by more than two families on any story or four families in all provided
every required means of egress from such dwelling leads directly to a
street or to an outer court opening upon a street. When a dwelling does
not exceed three stories in height and is not occupied by more than two
families on any story, such passage may be of fire-retarded
construction.
6. Side yard. Except as otherwise provided in the zoning resolution of
the city of New York, no side yard shall be required. If a side yard is
provided it shall in no event be less than eight feet in width at any
point. Such side yard need not exceed thirty feet in width.
7. Courts. Except as otherwise provided in the zoning resolution of
the city of New York:
a. An inner court shall have minimum width of four inches per foot for
each one foot of height of such court, but in no event less than fifteen
feet in width at any point. The area of such inner court shall be twice
the square of the width of the court dimension based on the height of
such court, but in no event less than three hundred fifty square feet in
area. The area of such court need not exceed one thousand two hundred
square feet provided that the minimum horizontal distance between any
required window of a living room opening on an inner court shall not be
less than thirty feet from any wall opposite such window. For a dwelling
three stories or less in height, an inner court may have a minimum width
of three inches for each one foot of height of such court, but in no
event less than ten feet in width at any point. The area of such court
shall be twice the square of the required width of court dimension based
on the height of such court but in no event less than two hundred fifty
square feet in area. An air in-take of fireproof construction shall be
provided at or near the lowest level of every inner court of dwellings
exceeding two stories in height, and shall communicate directly with a
street or yard. Such in-take shall have a vertical cross-sectional area
of not less than twenty-one square feet and a minimum width of not less
than three feet in its least dimension, and shall be open and
unobstructed throughout, except that where the intake is not used as a
passage or exit, gates or grilles which do not interfere with
ventilation may be installed.
b. An outer court at any given height shall have a minimum width at
least equal to twice the depth of such outer court if such outer court
is less than thirty feet wide. Such outer court shall have a width at
least equal to its depth if such court is thirty feet or more in width.
An outer court need not exceed sixty feet in width. Except as provided
in section sixty, an outer court on a side lot line may begin at the
level of the floor of the lowest story in which there is a living room
opening therefrom. Any outer court not on a side lot line may begin at
any level, the height of such court to be measured from the level at
which such court begins.
7-a. Lights in rear yards, side yards, front yards and courts. The
owner of every dwelling shall install and maintain in every rear yard,
side yard, front yard and court a light or lights of at least forty
watts of incandescent illumination or equivalent illumination, in such
locations as the department may prescribe, which shall be kept burning
from sunset on each day to sunrise on the day following.
8. Level of areas adjoining living rooms. The bottom of any yard, rear
yard equivalent, court or other open area which abuts or adjoins and
gives light or ventilation to a living room shall be at the floor level
or lower of such living room, except that:
a. If the depth of a yard exceeds the minimum required depth by as
much as one-half, the bottom of such yard may be at any level not higher
than six inches below the window sills of any such adjoining living room
and not more than three feet above the floor of such room.
b. If the width of an outer court exceeds the minimum required by as
much as forty per centum, the bottom of such court may be at any level
permitted by paragraph a for a yard or rear yard equivalent.
9. Permitted obstructions. Every yard and court shall comply with all
the requirements of this section and be open and unobstructed at every
point from the lowest level to the sky except that the following shall
not be deemed to obstruct or reduce the area of otherwise lawful yards,
rear yard equivalents or courts, provided that required light and
ventilation for living rooms and required egress from the dwelling are
maintained to the satisfaction of the department:
a. Accessory off-street parking spaces, open or enclosed, conforming
to the applicable provisions of section sixty.
b. Fire escapes erected as provided in paragraph b of subdivision two
of section fifty-three.
c. In a yard or rear yard equivalent, boiler flues or chimneys
projecting not more than three feet into such yard and provided every
such flue or chimney does not exceed two per cent of the required area
of the yard.
d. Outside stairways, fire towers, platforms or balconies or other
similar projections which extend beyond the wall of the dwelling.
e. Enclosures of balconies or spaces erected as provided in
subdivision four of section thirty.
f. Arbors, trellises, awnings or canopies, fences, flag poles, open
steps, or breezeways.
g. Recreational or drying yard equipment except as otherwise provided
in section fifty-six.
h. Walls not exceeding eight feet in height and not roofed or part of
a structure.
i. Retaining walls to protect adjoining premises provided such walls
are not more than fifteen feet in height measured from the curb level of
the lot on which such walls are erected, do not extend above the sill of
any required living room window on the first story facing such a wall
and do not extend more than thirty-six inches into the required area of
a yard, rear yard equivalent or court.
j. A party wall not more than twelve inches into the required area of
a yard, or rear yard equivalent or court.
k. Nothing in this section shall be deemed to prevent cutting off the
corners of any yard, rear yard equivalent or court, provided the running
length of the wall at the angle of such yard or court does not exceed
seven feet.
l. In a rear yard equivalent, an enclosed passageway connecting
portions of separate buildings where such passageway does not exceed
fourteen feet in height and fifteen feet in width measured between the
outer faces of the walls thereof.
10. Nothing contained in this section shall be deemed to prevent the
turfing over of any yard or court space or the planting of shrubs or
trees therein when approved by the department.
11. Pending actions or proceedings. Nothing contained in this section
shall affect or impair any act done, offense committed or right accruing
or accrued or acquired, or liability, penalty, forfeiture or punishment
incurred prior to December fifteenth, nineteen hundred sixty-one, but
the same way may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extend as if this section had not been enacted.

S 28. Two or more buildings on same lot. 1. If any separate multiple
dwelling is erected after April eighteenth, nineteen hundred
twenty-nine, upon the rear of a lot which has another multiple dwelling
on the front or upon the front of a lot which has another multiple
dwelling on the rear, access shall be provided to the rear dwelling from
a street by means of an unobstructed court at least twenty feet in
width.
2. Except as otherwise provided for motor vehicle storage space in
section sixty and for dwellings erected, enlarged, converted or altered
pursuant to plans filed prior to December fifteenth, nineteen hundred
sixty-one in accordance with the provisions of subdivision one of
section twenty-six, if any building or dwelling is placed on the rear of
the same lot with a multiple dwelling or a multiple dwelling is placed
anywhere on the same lot with another building, there shall be left
between the two buildings an open space unoccupied from the ground up
and at least forty feet in depth, measured in the direction from one
building to the other for the first one hundred twenty-five feet above
the curb level, and eighty feet above that point. The provisions of this
subdivision requiring an open space eighty feet in depth between
portions of buildings in excess of one hundred twenty-five feet above
the curb level shall not be applied when both such portions are towers.
3. If on the rear of a lot any such building or any portion thereof is
used for business purposes, a separate passageway at least three feet
six inches wide and seven feet high shall be provided leading from every
such open space adjacent to such building to a street. No such
passageway shall connect with, go through or form a part of any entrance
hall or other public hall of a multiple dwelling upon the front of the
lot.

S 29. Painting of courts and shafts. The exterior surface of all walls
of all courts and shafts of multiple dwellings, except of outer courts
opening on a street, and courts having dimensions of at least fifty
percent in excess of the minimum set forth in section twenty-six, shall
be of a lightcolored brick or stone, or be thoroughly whitewashed or
painted a light color by the owner and be so maintained. Such whitewash
or paint shall be renewed whenever necessary, as may be determined and
required by the department.

S 30. Lighting and ventilation of rooms. 1. The provisions of this
section shall apply only to multiple dwellings erected after April
eighteenth, nineteen hundred twenty-nine, and shall apply to all such
dwellings unless otherwise expressly limited.
2. Except as in this section and in sections thirty-three,
seventy-six, one hundred fifteen, one hundred sixty, one hundred
seventy-six, two hundred, two hundred thirteen, two hundred fifty and
two hundred fifty-one otherwise expressly provided, every room,
including kitchens, water-closet compartments and bathrooms, shall have
at least one window opening directly upon a street or upon a lawful
yard, court or space above a setback upon the same lot as that occupied
by the multiple dwelling in which such room is situated. Every such
window shall be so located as to light properly all portions of the
room.
3. No room in any apartment of three rooms or less, and no room in any
non-fireproof apartment, shall extend in depth, from a street or yard on
which it faces, more than thirty feet without a window opening on a
lawful court.
4. a. Nothing in this section or section twenty-six shall be construed
as prohibiting the windows or doors of any room from opening on a
partially-enclosed balcony or space above a setback, provided such
balcony or space opens directly to a street or to a lawful yard or court
and the area of the front of the balcony or space which is open to the
outer air is at least equal to seventy-five per centum of the floor
surface area of such balcony or space. Any living room thus lighted and
ventilated by windows or doors opening on such balcony or space shall be
at most thirty feet in depth measured from the extreme outer face of the
wall forming the partial enclosure of the balcony or space. The windows
or doors providing light and ventilation for a room or rooms opening
exclusively on such a balcony or space shall have altogether at least
the area of one-tenth of the combined floor surface of such room or
rooms and the portion of the balcony or space directly adjoining and in
front of such room or rooms.
b. On a fireproof dwelling a balcony or space above a setback
permitted under paragraph a of this subdivision may be completely
enclosed, provided the outer enclosing wall or walls and roof are
constructed of incombustible materials and the walls are glazed with
clear plate glass or plastic equivalent and such glazed wall area is
equal to at least fifty per centum of the area of the interior walls
enclosing such balcony or space. At least fifty per centum of the glazed
area shall be openable directly upon a street or upon a lawful yard or
court. No window shall open from any bathroom, water-closet compartment
or cooking space upon such enclosed balcony.
c. The enclosure on any balcony or a space above a setback shall not
(1) be more than one story in height or (2) be erected in violation of
the provisions of paragraph a of subdivision six of section one hundred
two of this chapter.
5. No multiple dwelling shall be so altered as to diminish the light
or ventilation of any room or public hall or stairs in any way not
approved by the department.
6. No window shall be required in any public room of a fireproof
multiple dwelling if such room is used solely for storage purposes or
has adequate mechanical ventilation maintained to provide at least the
number of changes of the air volume of such room approved by the
department as necessary for the health and safety of the occupants of
such dwelling. Any fresh air supply system required by the department
for such purposes shall be provided with adequate means for removing
dust from the incoming air and with adequate means to heat such air at
least to sixty degrees Fahrenheit.
7. No required window shall open upon any offset or recess less than
six feet in width except a window of a water-closet compartment,
bathroom, or stair or of a cooking compartment less than eighty square
feet in floor surface area.
8. (a) The windows in every room, except a water-closet compartment,
bathroom, or cooking space less than eighty square feet in floor surface
area, shall have a total area at least one-tenth of the floor surface
area of such room and every window in such a room, including a mullioned
casement window, shall be at least twelve square feet in area.
(b) All required windows shall be so constructed that at least
one-half of their required area may be opened, except that a mullioned
casement window, if otherwise large enough to supply the window
requirements of the room, need be readily openable to the outer air only
to the extent of five and one-half square feet of its area.
(c) Where fresh air is furnished in any room through a mechanical
ventilating unit or system which is an integral part of the dwelling
structure and capable of introducing not less than forty cubic feet of
air per minute, the required window area in such room need be openable
only to the extent of twenty-five per cent of such window area but in no
event less than five and one-half square feet.
9. Transoms or partition sash, or louvres having a minimum area of 144
square inches and arranged to be opened or closed, shall be provided to
private halls or to adjoining rooms to secure through-ventilation
whenever required by the department, but no such transom or partition
sash or louvre shall be required in a room having two windows opening to
the outer air if each window is at least nine square feet in area, or in
a room having a mullioned or single window with an aggregate area of at
least eighteen square feet.
10. All windows and their assemblies in walls situated on a lot line,
except those facing on a street, shall be fireproof, with assemblies
having a fire-resistive rating of at least three-quarters of an hour and
glazed with wire glass at least one-quarter of an inch thick. Every
opening in a wall situated on a lot line which is less than fifty feet
in a vertical direction above a non-fireproof roof of another structure
within a distance of thirty feet of the wall in which the opening is
located shall be an automatic fireproof window.

S 31. Size of rooms. 1. The provisions of this section, except
subdivision six, shall apply only to multiple dwellings erected after
April eighteenth, nineteen hundred twenty-nine, and shall apply to all
such dwellings unless otherwise expressly limited.
2. Except as in this section and in section thirty-three otherwise
expressly provided, rooms, except kitchens, water-closet compartments
and bathrooms, shall meet the following minimum requirements as to size:
a. In each apartment in a class A multiple dwelling there shall be at
least one living room containing at least one hundred thirty-two square
feet of floor area.
b. Every living room, except as provided in paragraph e, shall contain
at least eighty square feet of floor space.
c. Every room shall be at least eight feet high, the measurements to
be taken from the finished floor to the finished underside of the
ceiling beams except that as many as four beams crossing the ceiling of
any basement room may be disregarded if none of them exceeds twelve
inches in width or extends below the ceiling more than six inches.
d. Every living room shall be at least eight feet in its least
horizontal dimension, except as provided in paragraph e and except that
any number of bedrooms up to one-half of the total number in any
apartment containing three or more bedrooms may have a least horizontal
dimension of seven feet or more.
e. A one-room apartment in a class B multiple dwelling may be as small
as sixty square feet in its floor area and six feet in its least
dimension.
3. The requirements of this section with respect to the least
horizontal dimension and the minimum area of rooms shall not be
applicable to any room in a fireproof class B multiple dwelling occupied
as a lodging house in which every apartment, other than one apartment
occupied exclusively by a person or persons engaged in the maintenance
or supervision of such multiple dwelling, consists of one room and in
which every such room opens directly upon a public hall.
4. Dining bays with a floor area of fifty-five square feet or less
shall not be considered as rooms or alcoves and shall not be required to
comply with the provisions of section thirty-two. Every such dining bay
shall be equipped with such appropriate permanent fittings as may be
required by the department and shall be provided with at least one
window opening directly upon a street or upon a lawful yard, court or
space above a setback. Such window shall have an area of at least
one-eighth of the floor area of such dining bay.
5. A portion of any apartment used as an entrance hall to such
apartment may be designated as a foyer. Such a foyer shall not be
considered a room if the department shall so permit and if either
a. Its floor area does not exceed ten per centum of the total floor
area of such apartment, or
b. Every room in such apartment exceeds in area the minimum required
area of such room by more than twenty per centum and the floor area of
such foyer does not exceed twenty per centum of the floor area of such
apartment.
6. a. Exept in class B dwellings and dormitories, no room shall be
occupied for sleeping purposes by more than two adults, considering
children of twelve years of age or more as adults and two children
between the ages of two and eleven years inclusive as the equivalent of
one adult. Children under two years of age need not be considered as
occupants. No room shall have sleeping accomodations for more persons
than can be accommodated in conformity with the provisions of this
subdivision.
b. Every room in every dwelling, whenever erected, shall have at least
four hundred cubic feet of air for each adult, and two hundred cubic
feet of air for each child occupying such room. Except in class B
dwellings, dormitories and except as otherwise provided in subdivision
two of section thirty-one or in section thirty-four for dwellings
erected after April eighteenth, nineteen hundred twenty-nine, and in
sections one hundred seventy-four, two hundred fourteen and two hundred
sixteen, every living room shall (1) contain sixty square feet or more
of floor space, (2) be at least six feet wide at its narrowest part, (3)
if a sleeping room, contain seventy-five square feet or more of floor
space and (4) if less than seventy-five square feet in floor area, shall
not be occupied by more than one adult.

S 32. Alcoves. 1. Every alcove, except a lawful cooking space, opening
from any room in any multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, shall be separately lighted and ventilated
as provided for other rooms in section thirty. It shall have a floor
area of at least seventy square feet, a least horizontal dimension of at
least seven feet and an opening at least sixty square feet in area into
the room which it adjoins.
2. Except for cubicles permitted in lodging houses, no part of any
room in any multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, shall be enclosed or subdivided at any time, wholly
or in part, by a curtain, portiere, fixed or movable partition or other
contrivance or device, unless each such enclosure or subdivision shall
contain a separate window as required for a room by section thirty and a
floor space of at least seventy square feet.

S 33. Cooking spaces. 1. Every space which is intended, arranged or
designed for cooking or warming of food shall be either a kitchen or
kitchenette. The term "kitchen" shall mean such a space eighty square
feet or more in floor area. The term "kitchenette" shall mean such a
space which is less than eighty square feet in floor area.
2. Every cooking space shall be deemed to be in compliance with this
section if such space was accepted or approved by the department on or
before June thirtieth, nineteen hundred ninety-five, and is maintained
in accordance with such acceptance or approval.
3. Except as provided in sections sixty-one and sixty-seven and
subdivision two of this section, a kitchen or kitchenette shall be
unlawful unless it is constructed, arranged and maintained in compliance
with the following applicable provisions:
a. The ceiling and walls, exclusive of doors, of all kitchenettes
shall be fire-retarded or in lieu thereof such space shall be equipped
with one or more sprinkler heads to fuse at a temperature not higher
than two hundred twelve degrees Fahrenheit. Such heads shall be
connected to the water supply through a pipe of at least one-half inch
inside diameter.
b. In every kitchen and kitchenette, all combustible material
immediately underneath or within one foot of any apparatus used for
cooking or warming of 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 apparatus is installed in accordance with
requirements established by the department in conformity with generally
accepted safety standards for such apparatus. There shall always be at
least two feet of clear space above any exposed cooking surface of such
apparatus.
c. Every kitchenette constructed after July first, nineteen hundred
forty-nine, shall be provided with a window opening upon a street or
upon a yard, court, shaft, or upon any space above a setback. Such
window shall be at least one foot wide, have a total area of at least
three square feet and be at least ten per centum of the superficial
floor area of such kitchenette. In lieu of such window, such kitchenette
may be provided with 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 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.
d. Every kitchenette constructed after July first, nineteen hundred
forty-nine, may be equipped with a door or doors, provided 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 each such door and the head jamb.
e. Every kitchen and kitchenette shall be provided with gas or
electricity or both, and shall be equipped for artificial lighting.

S 34. Rooms in basements and cellars. 1. In any multiple dwelling
erected after April eighteenth, nineteen hundred twenty-nine, every room
in a cellar or basement shall have a permit as provided in subdivision
five of section three hundred and, except as provided in subdivision six
of this section, shall comply with the following conditions:
a. Such rooms shall be everywhere at least eight feet high from the
floor to the ceiling, except that in a basement room as many as four
beams twelve inches or less in width and extending six inches or less
below the ceiling may be disregarded.
b. Except as otherwise provided in paragraph f, the ceiling of every
such room in the front part of the dwelling, or in an apartment or suite
extending to the front part, shall be at every point of such room at
least four feet six inches above the curb level directly in front of
such point on the street in front of the dwelling; and the ceiling of
every other such room, unless the yard of the dwelling is sixty feet or
more in depth or extends to a street along its entire width, shall be at
every point of such room at least two feet above the curb level directly
in front of such point on the street in front of the dwelling. Every
yard or court upon which any such cellar or basement room or apartment
opens shall, conform to the requirements of subdivision eight of section
twenty-six. Every such room, except as otherwise provided in paragraphs
e and f, shall be an integral part of an apartment or suite containing
at least one room with a window opening directly upon a street or yard.
Except as provided in paragrahs e and f, and if the yard of such a
dwelling is less than sixty feet in depth there shall be not more than
one apartment or suite in any cellar therein and any such apartment or
suite shall contain not more than five rooms, shall be supplied with
water closet and bath accommodations, and shall not open upon any court
less than five feet in width. Every part of such an apartment or suite
shall either be within twenty-five feet of the inner surface of the
front or rear wall of the dwelling or have a window opening upon a court
of at least the dimensions prescribed in section tweny-six but never
less than ten feet wide.
c. Every such cellar or basement room shall have access to a
water-closet constructed and arranged as prescribed in section
seventy-six.
d. Every such room shall have a window or windows complying with the
requirements of section thirty. The aggregate area of windows in each
such room, except as provided in paragraph f, shall be at least
one-eighth of the horizontal area of the room. Each such window shall be
constructed so that the upper half of its area can be opened, and shall
open upon a street, court or yard. The underside of the top stop-bead of
each such window shall be within twelve inches of the ceiling. One
window in each such room shall have an area of at least twelve square
feet.
e. In addition to a janitor`s apartment three rooms or less may also
be provided in the cellar of such a dwelling exclusively for the use of
persons regularly and continuously employed in the maintenance of such
dwelling. Every such room shall be completely separated from any other
room or private hall and shall comply with all the provisions respecting
a janitor`s apartment except those relating to water-closet and bath,
but there shall be at least one water-closet and bath accessible from
each such room without passing through a janitor`s apartment. No other
rooms in such a cellar shall be occupied for living or sleeping
purposes, except as permitted in paragraphs b and f. Whenever a
janitor`s apartment in the cellar of such a dwelling, or a room therein,
is expressly excepted from a requirement in any provision of this
chapter, such exception shall apply also to any cellar room lawfully
occupied as in this paragraph provided.
f. (1) When the lot of such a dwelling abuts upon two or more streets
and the difference in level between the highest and the lowest points of
the curbs adjoining the lot is more than ten feet, a room below the
highest curb point may be used for living purposes provided it opens
upon a street or upon a lawful court or yard which connects directly
with a street or, if the floor of such room is not more than twelve feet
below the highest curb point, upon an interior court with a least
dimension of not less than thirty feet if such court is situated on a
lot line, and otherwise with a least dimension not less than fifty feet.
Every such room shall be at least nine feet high from finished floor to
finished ceiling. When any such room or an apartment containing it faces
a street, the ceiling of the room at every point shall be at least four
feet six inches above the curb level of such street directly in front of
such point. For the purpose of determining the required dimensions of a
court or yard of any dwelling subject to the provisions of this
sub-paragraph, the height of such dwelling shall be measured from the
lowest point of such court or yard.
(2) When the lot of such a multiple dwelling does not run through from
street to street and there is a difference in level exceeding twenty
feet between the highest point of the curb in front of the dwelling and
the lowest point of the curb on a street directly in the rear of the
dwelling which street is within one hundred twenty-five feet of the rear
line of the lot, a room below the level of the highest point of the curb
in front of the dwelling may be used for living purposes provided such
room opens upon a yard or a court adjoining a yard. The floor of any
such room shall be at least six inches above the level of every part of
every yard and court upon which such room opens and of the curb on the
street in the rear of such dwelling and also of all intervening ground
between the rear street and the rear lot line. Every such room shall be
at least nine feet high from finished floor to finished ceiling. The
required dimensions of a yard, or of a court adjoining a yard, on which
such a room opens in any dwelling subject to the provisions of this
sub-paragraph, shall be determined by the height of such dwelling
measured from the lowest point of such yard or court.
(3) In any portion of a multiple dwelling arranged for living purposes
below the curb level under authority of either of the sub-paragraphs
above there shall be no wood beams, wood lintels or other wood
structural members, nor shall any wood or other inflammable material be
used in any partitions, furrings or ceilings.
2. Every multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, whenever the department shall deem it necessary,
shall have all walls below the ground level and all cellar or lower
floors damp-proofed and water-proofed. Such damp-proofing and
water-proofing shall run throughout the cellar or other lowest floor and
through and up the walls as high as the ground level.
3. Every cellar and basement in every multiple dwelling shall be
properly lighted and ventilated to the satisfaction of the department.
4. In every multiple dwelling the cellar walls and ceilings, except in
rooms occupied as provided in paragraph f of subdivision one or in
subdivision six, shall either be constructed of light-colored material
or be thoroughly whitewashed or painted a light color by the owner, and
shall be so maintained. Such whitewash or paint shall be renewed
whenever necessary, as may be determined and required by the department.
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.
6. An apartment in a cellar or basement of any multiple dwelling may
be used for living purposes provided all of the following conditions are
complied with:
a. Such apartment has at least one half of its height and all of its
window surfaces above every part of an "adequate adjacent space." Such
"adequate adjacent space" shall be open to the sky, shall be properly
drained to the satisfaction of the department, and shall be a continuous
surface area outside the dwelling not less than thirty feet in its least
dimension and abutting at same level, or directly below, every part of
the exterior walls of such apartment and of every other apartment on the
same floor. Such "adequate adjacent space" shall include only space
which is located on the same lot or plot as the dwelling or on a street
or public place or space.
b. Every living room of such apartment is everywhere at least eight
feet high from the floor to the ceiling in dwellings erected after July
first, nineteen hundred fifty-seven, and seven feet in dwellings erected
prior thereto.
c. All parts of the exterior walls of the dwelling which are below
ground level and on the same floor as such apartment or above such floor
are dampproof to the satisfaction of the department and the floor of
such apartment is dampproof and waterproof.
d. The yard and every court of the dwelling containing such apartment
are adequately drained to the satisfaction of the department.
e. If any part of the apartment is below the "adequate adjacent space"
referred to in paragraph a of this subdivision, all ceilings, walls and
partitions of such apartment are fire-retarded or the rooms and spaces
within such apartment are protected by a sprinkler system to the
satisfaction of the department.
f. Such apartment and every part of the floor on which it is situated
meet all of the requirements which would be in effect for such floor if
none of the rooms thereon were used for living purposes.
g. Such apartment complies with all of the requirements for apartments
in the same dwelling which are not in a cellar or basement.
h. The floor on which such apartment is situated, if a cellar, shall
nevertheless be counted as a story for the purpose of all requirements
except those relating to the height of the dwelling.

S 35. Entrance doors and lights. In every multiple dwelling erected
after April eighteenth, nineteen hundred twenty-nine, every door giving
access to an entrance hall from outside the dwelling shall contain at
least five square feet of glazed surface. The width of every such door
shall be at least seventy-five per centum of the required clear width of
such entrance hall as provided in section fifty, except that when a
series of such entrance doors is provided their aggregate clear width
shall not be less than seventy-five per centum of the required width of
the entrance hall and the clear width of each of the doors separately
shall be at least two feet six inches. Such a door opening upon a
street or a court extending to a street may be of wood. Such a door
opening upon a yard or upon a court not extending to a street shall be
fireproof.
The owner of every multiple dwelling shall install and maintain a
light or lights at or near the outside of the front entrance-way of the
building which shall in the aggregate provide not less than fifty watts
incandescent illumination for a building with a frontage up to
twenty-two feet and one hundred watts incandescent illumination for a
building with a frontage in excess of twenty-two feet, or equivalent
illumination and shall be kept burning from sunset every day to sunrise
on the day following. In the case of a multiple dwelling with a frontage
in excess of twenty-two feet, the front entrance doors of which have a
combined width in excess of five feet, there shall be at least two
lights, one at each side of the entrance way, with an aggregate
illumination of one hundred fifty watts or equivalent illumination. In
enforcing this provision the department shall permit owners to determine
for themselves the actual location, design and nature of the
installation of such light or lights to meet practical, aesthetic and
other considerations, so long as the minimum level of illumination is
maintained.

S 36. Windows and skylights for public halls and stairs. 1. In every
multiple dwelling erected after April eighteenth, nineteen hundred
twenty-nine, one at least of the required windows provided to light each
public hall or part thereof shall be at least two feet six inches wide
and five feet high. Every required window in such a hall shall open upon
a street, court, yard or space above a setback. On the top story of such
a dwelling a ventilating skylight of the same dimensions shall be
accepted in lieu of a window for that story.
2. In every multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, there shall be in the roof, directly over each
required stair, fire-stair and fire-tower, a ventilating skylight
provided with ventilators having a minimum opening of forty square
inches or with fixed or movable louvres. The roof of every such skylight
shall be glazed with plain glass and equipped with suitable wire screens
above and below. The glazed area of every such skylight shall be at
least twenty square feet, except that in a class A dwelling or section
thereof two stories or less in height and occupied by not more than two
families on each story and in dwellings three stories in height erected
pursuant to plans filed with the department on or after May first,
nineteen hundred fifty-nine and occupied by not more than one family on
each story, the glazed area of such a skylight need be only nine square
feet. In lieu of a skylight a window of the same area as prescribed in
subdivision one may be provided. If such a window is used in lieu of a
skylight, fixed louvres having a minimum opening of forty square inches
shall also be installed in or directly adjacent to such window.
3. When any stair, fire-stair or fire-tower in such a dwelling
terminates at the level of a setback of an outer wall and such setback
consists of a terrace at least four feet in width, measured between the
inside of the parapet wall and the wall of the building, and at least
ten feet in length, measured parallel to the wall of the building, there
may be provided in lieu of such a skylight a fireproof door and assembly
with the door self-closing giving access from such stair, fire-stair or
fire-tower to such terrace. Such door shall have a panel at least five
square feet in area glazed with wire glass and shall be equipped with
fixed or movable louvres with an opening of at least forty square
inches.

S 37. Artificial hall lighting. 1. In every multiple dwelling the
owner shall provide a light or lights, each of at least sixty watts
incandescent or twenty watts cool white fluorescent or equivalent
illumination, for every vestibule and entrance hall in every public
hall, stair, fire-stair and fire-tower on every floor. Said light or
lights shall be located as prescribed by the department, but, in every
stair, fire-stair or fire-tower, shall be so located that every part
thereof shall be lighted.
2. Except as provided in subdivision three, every such light shall be
turned on by the owner at sunset every day and shall not be turned off
by the owner until the following sunrise. Every such light shall be kept
burning daily from sunset until sunrise, but if it becomes extinguished
and remains so without the knowledge or consent of the owner he shall
not be liable. The burden shall be upon the owner to show that the light
became and remained extinguished without his knowledge or consent.
3. Every light in every fire-stair and fire-tower at every story, and
in every stair and public hall at every story where there is no window
opening to the outer air, shall be kept burning continuously except that
this provision shall not apply to public halls lighted as provided in
subdivision eleven of section two hundred seventeen.
4. When the natural light in any public hall in a multiple dwelling is
not sufficient to permit a person to read the names on a mail box or
other receptacle for mail, the owner shall install a lighting fixture
directly over such mail box or receptacle and maintain it in serviceable
condition, so that a light may be turned on at any time for the
convenience of tenants or the mail carrier.