Code: Cellar (Legal building-space label (mostly below curb))
Description: (Cellar) is a room or enclosed space in a building where more than one-half of its height is below curb level or grade, usually partly or fully underground. It is not the same as a basement, because a basement has at least half of its height above curb level and is treated as a story, while a cellar is mainly below the street and has much stricter limits for living use.
Practical Meaning: Typical legal uses for a cellar in a small home are storage, mechanical rooms (boiler, water heater), laundry, or recreational space that is not used for sleeping. A cellar that is used for sleeping or as a regular bedroom may be considered an illegal apartment or an illegal conversion by NYC agencies. For a NYC homeowner, “cellar” means the lower space in your building that is mostly below curb level, often used for storage, mechanical equipment, laundry, or utilities, not for normal living or sleeping. In one- and two-family homes, a cellar generally cannot be lawfully rented out or used for sleeping, eating, or main cooking by anyone, even family, unless very strict code requirements are met and DOB has approved the use.
Where You May See It: You may see the word “cellar” on your certificate of occupancy, DOB records, architect plans, HPD or DOB letters about illegal occupancy, and city rules that talk about basements and cellars. It can also appear in violation notices, 311 complaint responses, and guidance about new basement and cellar legalization programs and Local Law 126 of 2024.
Why It Matters: Knowing that a space is legally a cellar, not a basement, tells you that it usually cannot be rented or used as a regular apartment unless it is converted and legalized under city rules. Misusing a cellar as a bedroom or apartment can lead to serious safety risks (flooding, fire, blocked exits) and to enforcement, fines, and vacate orders from the city; future basement/cellar programs may offer ways to upgrade some of these spaces, but owners must follow DOB and HPD rules carefully.