Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-12
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 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 that portion above grade. 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 combinations thereof. 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 electric 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) Separation of dwelling units, sleeping rooms and lodging units. (a) Dwelling units shall be separated from each other in accordance with New York State Uniform Fire Prevention and Building Code requirements. (b) Sleeping rooms with dwelling units shall be separated from each other and from other spaces outside the sleeping rooms in accordance with the New York State Uniform Fire Prevention and Building Code to provide privacy. (c) Lodging units shall be separated from each other and from other spaces outside the lodging units in accordance with the New York State Uniform Fire Prevention and Building Code requirements. (2) 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.
Evans, N.Y., Code of Ordinances ch. 158 § 158-12 establishes minimum physical standards for habitable space in dwelling units. These standards cover ceiling heights, floor area minimums, natural light and ventilation requirements, and rules for how alcoves, basements, and shared spaces are classified and measured. The provision also requires that dwelling units, sleeping rooms, and lodging units be separated from one another in accordance with New York State Uniform Fire Prevention and Building Code standards.
Plain English — not legal advice.
Under § 158-12, compliant operators ensure that every habitable room meets the specified ceiling height, floor area, and horizontal dimension minimums before renting a unit — for example, confirming that at least one room has no fewer than 150 square feet and that kitchens meet the 60-square-foot floor area threshold. Landlords also verify that each habitable space receives adequate natural light (windows or skylights equivalent to at least 8% of floor area) and natural ventilation (openable areas equal to at least 4% of floor area), and that electric lighting is provided. Proper separation of dwelling units, sleeping rooms, and lodging units in accordance with New York State Uniform Fire Prevention and Building Code requirements is also part of maintaining a compliant property under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-12 of the Evans Code of Ordinances gives tenants a basis to raise concerns if their dwelling unit falls short of the minimum size, light, or ventilation standards — for instance, if a room is too small, a basement space lacks adequate above-grade windows, or natural ventilation openings are insufficient. Tenants who believe their unit does not meet these habitable-space requirements may consider contacting the local code enforcement office in Evans, reaching out to a tenant-rights organization, or consulting with a housing attorney to understand available options. Documenting conditions with photographs and written records is a common first step that tenants take when preparing to raise a habitability concern under provisions like § 158-12.
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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