Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-12
Habitable space
Operative Text
A. Size. (1) Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area. (2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet. (3) Kitchens shall have a minimum of 60 square feet of floor area and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet. (4) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed 1/2 its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space. B. Basements. Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height. C. Light and ventilation. (1) Habitable space shall be provided with natural light through one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on legal open spaces at least six inches above the adjoining finished grade, or are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 8% of the floor area of the habitable space. (2) Habitable space shall be provided with artificial light. (3) Habitable space shall be provided with natural ventilation through openable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof, or through openable parts of skylights, providing total clear ventilation area equal to not less than 4% of the total floor area of each habitable space. (4) Habitable space may also be provided with mechanical ventilation in addition to natural ventilation. D. Miscellaneous requirements. (1) Dwelling units shall be separated from each other and from other spaces outside the dwelling unit. (2) Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy. (3) Lodging units shall be separated from each other and from other spaces outside the lodging units. (4) A communal kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.
Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-12 establishes minimum physical standards for spaces classified as habitable within dwelling units. These standards cover ceiling heights, floor area dimensions, natural and artificial light, natural and mechanical ventilation, and the separation of individual units and sleeping rooms from one another. Alcoves, basements, and kitchens are each subject to specific rules that determine whether and how their square footage counts toward habitable area. The provision also addresses shared facilities in lodging houses, requiring that communal kitchens and dining rooms be reachable without passing through another occupant's private unit.
Plain English — not legal advice.
Operators of residential properties in Clarkstown should ensure that every habitable room meets the ceiling height, floor area, and horizontal dimension thresholds set out in ch. 157 § 157-12 before renting or advertising a unit. Compliant operators verify that each habitable space receives adequate natural light—equivalent to clear glass covering at least 8% of the floor area—and natural ventilation through openings totaling at least 4% of the floor area, supplemented by artificial light. Basement spaces, alcoves, and kitchens each carry their own dimensional rules under § 157-12, so operators typically document measurements for those areas separately to confirm compliance. In lodging houses, compliant management arranges communal kitchen and dining room access so that no occupant must pass through another's private unit to reach shared facilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-12, tenants have a right to occupy dwelling units that meet minimum standards for ceiling height, room size, natural light, and ventilation. If a rented space appears to fall short of these requirements—for example, a basement room with inadequate ceiling clearance or a habitable room lacking sufficient window area—tenants may raise the violation with the local code enforcement or building department, which is responsible for inspecting compliance with ch. 157. Tenants can also document conditions with photographs and written records, and may wish to consult a tenant-rights organization familiar with Clarkstown's housing code to understand the range of options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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