No Bedrooms?

Why is the lower level not a bedroom? Seems to meet the requirements for size, ventilation, and egress.

@George: Because NYC says you cannot sleep in a cellar.

Yes, a sort of archaic law from the 'good old days' when landlords would rent out cellars with no ventilation, dirt floors etc.

We recently discovered this problem in a beautifully renovated 'cellar' in a very nice Brooklyn brownstone condominium. They will allow for a toilet but no full bathroom as well, if the lower level is defined as a cellar. I believe it depends on what portion of the room is below grade?

TBG is dead on. Half or more of the height of the floor below curb elevation constitutes a cellar. Otherwise, basement. There are exceptions if the lot is sloped but you won’t see that in Manhattan.

Also I didn’t realize there was a full bath in this cellar! Totes illegal.

The cellar definition by DOB has some issues. It defines cellar as anything more than 50% below grade as measured from the street level even if the back of the cellar is at the same level with a 1000 sq ft garden with plenty of natural light, ventilation and adequate ceiling height. This one fits into one of those situations. While likely illegal bedroom by DOB standards, it seems to meet the safety standards.

I stand corrected. CofO says the three rec rooms "shall not be used for sleeping.". So this is a big studio.

Looks like streeteasy fixed it.

I viewed this apartment a couple of years back. Thought it was an interesting apartment- but yes, by definition the recreation room is not a bedroom. In reality- most people that are buying something like this will use the cellar space as a bedroom- and it's a great space for a lot of buyers, but certainly not for everyone.