Highland Falls, N.Y., Code of Ordinances ch. 122 (eCode360 ed. 2026) § 122-13
Habitable space
Operative Text
A. Size. (1) Habitable space shall have a minimum ceiling height of seven feet 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 any 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 combinations 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 10% 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 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 5% 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.
Section 122-13 of Highland Falls, N.Y., Code of Ordinances ch. 122 establishes minimum physical standards for spaces classified as habitable. These standards cover ceiling heights, floor area dimensions, natural and artificial light, ventilation, and the separation of dwelling and sleeping units from one another. Alcoves, basements, and kitchens are each addressed with specific rules that determine whether and how their square footage counts toward habitable space calculations. The provision also sets access requirements for shared kitchen and dining facilities in lodging houses.
Plain English — not legal advice.
Operators of residential properties in Highland Falls must ensure that every dwelling unit meets the dimensional and environmental thresholds set out in § 122-13, including a minimum 150-square-foot primary habitable room with a 10-foot horizontal dimension, kitchen floors of at least 60 square feet, and ceiling heights of at least seven feet over half the floor area. Compliant operators also verify that each habitable space receives natural light equivalent to 10% of its floor area through qualifying windows or skylights, and natural ventilation openings totaling at least 5% of floor area. Attention to alcove dimensions, basement depth-to-height ratios, and unit separation requirements under § 122-13 is part of routine property maintenance and pre-rental inspection practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Highland Falls have a right to occupy dwelling units that meet the habitable-space standards of § 122-13, including adequate room size, ceiling height, natural light, and ventilation. If a rented space appears to fall short of these requirements—for example, a basement unit where windows are on only one wall and the depth exceeds four times the clear height—that condition may be relevant to a housing code complaint or a defense in certain legal proceedings. Tenants who believe their unit does not meet the standards of § 122-13 may consider contacting the Highland Falls Code Enforcement office or a local tenant-rights organization to understand available options.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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