§ 211. Height and bulk. 1. No tenement shall be increased in height so
that its height shall exceed by more than one-half the width of the
widest street upon which it stands. Except as otherwise provided in
subdivision four of this section, no non-fireproof tenement shall be
increased in height so that it shall exceed five stories, except that
any tenement may be increased to any height permitted for multiple
dwellings erected after April eighteenth, nineteen hundred twenty-nine,
if such tenement conforms to the provisions of this chapter governing
like multiple dwellings erected after such date.

2. If there are bulkheads, superstructures or penthouses exceeding ten
feet in height or exceeding in aggregate area ten per centum of the area
of the roof, the measurement of height shall be taken to the top of such
bulkhead, superstructure or penthouse, except that this shall not apply
to elevator enclosures not exceeding twenty-three feet in height used
solely for elevator purposes, nor to open pergolas or similar open
ornamental treatment of roof-gardens or playgrounds.

3. In a fireproof tenement house in which one or more passenger
elevators are operated, penthouses may be erected on the main roof.
Such penthouses shall be set back at least five feet from the front
walls and ten feet from the rear walls of the dwelling and at least
three feet from any court wall. Such penthouses shall have a clear
inside height of not less than nine feet from finished floor to finished
ceiling, and shall not exceed twelve feet in height from the high point
of the main roof to the highest point of the penthouse roof. Such
penthouses shall not be deemed to affect the measurement of height of
the dwelling. All such penthouses shall be entirely fireproof except
that windows shall not be required to be glazed with wire glass.

4. Any non-fireproof old-law tenement five stories in height may be
increased in number of stories to six provided that such increase in
number of stories does not result in an increase in the height of the
roof beams above the curb level. In any tenement so altered, the first
floor above the lowest cellar, or, if there be no cellar, above the
basement or other lowest story, shall be fireproof. Any yard or court of
such altered tenement shall not be less in any dimension than the
minimum dimensions prescribed in section twenty-six.