NEW YORK STATE MULTIPLE DWELLING LAW: TITLE 1

TITLE 1 — LIGHT AND AIR

Sec. 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 intake 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 in-take 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.

Sec. 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.

Sec. 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 light-colored 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.

Sec. 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 fifty-nine square feet in floor surface area.

8. (a) The windows in every room, except a water-closet compartment, bathroom, or cooking space less than fifty-nine 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 percent 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.

Sec. 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 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 be at 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. Except 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 accommodations 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.

Sec. 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.

Sec. 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 fifty-nine square feet or more in floor area. The term "kitchenette" shall mean such a space which is less than fifty-nine 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 July first, nineteen hundred fifty-two, 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.

Sec. 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 paragraphs 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 twenty-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.

Sec. 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.

Sec. 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 fire-proof 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.

Sec. 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.