§ 216. Rooms in basements and cellars. No room in the basement or
cellar of any tenement shall be occupied for living purposes unless
there is a written permit therefor as provided in subdivision five of
section three hundred and it either is part of an apartment which
complies with the conditions of subdivision six of section thirty-four
or complies with the following conditions:

1. a. There shall be appurtenant to every such room a water-closet
constructed and accessible in accordance with the provisions of section
seventy-six for dwellings erected after April eighteenth, nineteen
hundred twenty-nine.

b. Every such room and all cellars and basements shall be lighted and
ventilated to the satisfaction of the department.

2. If such room is in a tenement erected after April twelfth, nineteen
hundred one:

a. Such room shall be at least nine feet high in every part from floor
to ceiling.

b. Every part of the ceiling of such room shall be at least four feet
six inches above the curb level of the street in front of such part when
such room or the apartment containing it is located in the front part of
the dwelling, and at least two feet above such curb level in front of
the dwelling when such room or the apartment containing it is located in
the rear of the dwelling and the yard is less than sixty feet in depth
and does not extend to a street along its entire width.

c. The level of any yard or court upon which such a room or apartment
opens shall conform to the requirements of subdivision eight of section
twenty-six.

d. Every such room shall have a window opening upon a street, yard or
court, and shall be an integral part of an apartment containing a room
with a window opening directly upon a street or yard or upon an outer
court at least eighteen feet in width and not more than thirty feet in
depth or upon a larger outer court whose depth does not exceed its width
by more than one-half.

e. Except when the yard is sixty feet or more in depth there shall be
not more than one apartment in any cellar. It shall contain not more
than five rooms and bath, and no such room shall open upon any court
less than five feet six inches in width. Every part of such apartment
shall either be located within twenty-five feet of the inner line of the
front or rear wall of the dwelling or have a window opening upon a court
which is at least twelve feet in width. No other rooms in the cellar
shall be occupied for living purposes.

f. The area of every window in such a room shall be at least twelve
square feet, and the total area of windows in every such room shall be
at least one-eighth of the total floor area of the room. At least half
of each window shall be made to open, and the top of each window shall
be within twelve inches of the ceiling.

g. All walls enclosing such room shall be dampproof and its floor
dampproof and waterproof. The dampproofing and waterproofing shall run
through and up the walls to the ground level.

h. The entire cellar, or lowest story if there be no cellar, shall be
properly constructed so as to prevent dampness or water from entering.

3. If such room is in the cellar of any old-law tenement either the
conditions enumerated in subdivision two or the following conditions
shall be complied with:

a. Such room shall be at least eight feet high in every part from
floor to ceiling.

b. Every part of the ceiling of every such room shall be at least four
feet above the surface of the street in front of every part of such
room, or at least half the height of such room shall be everywhere above
the highest level of the ground outside of and adjoining every part of
the exterior wall of such room for a distance of thirty feet measured at
a right angle to the outer surface of such wall.

c. Such adjoining ground shall be effectively drained and shall be
open and unoccupied in every part.

d. Such room shall have a window or windows opening directly to the
required unoccupied area of ground outside of and adjoining such room or
to a street or yard. Every such window shall be made so as to open
readily and such window or windows shall provide at least twelve square
feet of clear openings for ventilation.

e. Such room shall be thoroughly dry and fit for human habitation.

f. If the tenement is over marshy ground, or ground on which water
lies or on which there is upward water pressure, the entire cellar, or
lowest story if there be no cellar, shall be made dampproof and
waterproof.

4. If such room is in the basement of any old-law tenement the
provisions of subdivision one and in addition the provisions of
subdivision two or of subdivision three, or the provisions of paragraph
f of subdivision three and of either of the following paragraphs, shall
be complied with:

a. Such room shall be everywhere seven feet or more in height from
floor to ceiling and occupied solely by a family which occupies the
entire story above, and such room shall not be used for sleeping
purposes; or

b. Such room shall be everywhere seven feet six inches or more in
height from floor to ceiling and shall have a window or windows opening
directly to a street, or to a yard at least twelve feet in depth, or to
a court at least six feet in its least dimension and twelve feet in its
greatest dimensions; every such windows shall be made so as to open
readily; such window or windows shall provide at least twelve square
feet of clear opening for ventilation, and the apartment containing such
room shall have one or more rooms opening upon a street or yard.

5. Notwithstanding any provisions of this section or of subdivision
five of section three hundred of this chapter, an apartment or room in a
cellar or basement which was occupied for living purposes on April
first, nineteen hundred fifty-three may thereafter continue to be
occupied for such purposes until July first, nineteen hundred
sixty-seven, upon the issuance of a joint certificate by the department
and the department of health. Such certificate shall be renewed for any
such apartment or room which continues to be occupied in an old-law
tenement after June thirtieth, nineteen hundred fifty-seven. The
certificate shall indicate their joint belief that such occupancy is not
detrimental to life and health with due regard to the following
conditions:

a. that the apartment or room is reasonably lighted and ventilated,

b. that adequate sanitary facilities are provided, including water
supply and water closet accommodations,

c. that the premises are clean and free from rodents and vermin,

d. that the walls and ceilings are sound and reasonably free of
dampness and there is a minimum of seven feet in height from floor to
ceiling,

e. that the apartment or room is adequately heated from a central
heating system or by other approved means,

f. that the structural arrangement, including egress facilities, of
the apartment or room does not constitute a fire hazard,

g. that notwithstanding the provisions of this subdivision, any
apartment occupied pursuant to the provisions of this subdivision which
becomes vacant on or after June first, nineteen hundred fifty-five shall
not thereafter be occupied for dwelling purposes. This paragraph shall
also apply to any room which becomes vacant on or after June first,
nineteen hundred fifty-six.