Ithaca, N.Y., Code of Ordinances ch. 210 § 210-10
Habitable space
Operative Text
A. Size. (1) In one- or two-family dwellings, habitable space shall have a minimum ceiling height as required by the Property Maintenance Code of New York State. In multiple dwellings, habitable space shall have a minimum ceiling height as required by the Property Maintenance Code of New York State. The floor area where the ceiling height is less than five feet shall not be considered in computing floor area. (2) 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 half 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. (3) Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 feet of floor area and shall have a minimum horizontal dimension of seven feet. (See definition of "kitchen.") B. Basements. A basement shall be deemed habitable space only if it complies with all of the following requirements: (1) Windows are provided on more than one wall. (2) The depth of the basement space measured from the wall having the major window area does not exceed four times the clear height of the basement. If this dimension is exceeded, that portion of the basement beyond the permissible limit shall not be used as habitable space. (3) Air for combustion of fuel-burning equipment shall not be taken directly from habitable space. (4) All fuel-burning equipment shall comply with the requirements of the Property Maintenance Code of New York State or other applicable codes. (5) Walls of the basement shall be constructed to prevent condensation from forming thereon under normal conditions. C. Light and ventilation. (1) Habitable space shall be provided with windows as required by the Property Maintenance Code of New York State. (2) Habitable space shall be provided with artificial light. (3) Habitable space shall be provided with ventilation as required by the Property Maintenance Code of New York State. (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 assure a safe means of egress. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. (See definition of "sleeping room.") (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.
Ithaca, N.Y., Code of Ordinances ch. 210 § 210-10 establishes the physical standards that a space must meet to qualify as 'habitable.' These standards cover minimum ceiling heights (tied to the New York State Property Maintenance Code), minimum floor areas for kitchens and other rooms, rules for how alcoves are counted, conditions under which basements may be considered habitable, and requirements for natural light, ventilation, and artificial lighting. The provision also sets separation requirements between dwelling units, sleeping rooms, and shared spaces such as communal kitchens in lodging houses.
Plain English — not legal advice.
Operators of rental properties in Ithaca should ensure that every space marketed or used as habitable meets the dimensional, lighting, and ventilation thresholds set out in § 210-10. Compliant operators generally verify that kitchens meet the 60-square-foot minimum, that other habitable rooms meet the 80-square-foot floor area and seven-foot horizontal dimension minimums, and that any basement offered as living space satisfies all five conditions listed in § 210-10(B), including multi-wall window placement and condensation-resistant walls. Alcoves, sleeping room egress paths, and unit separation walls are also common areas where operators confirm compliance before renting a unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 210-10, tenants have a right to occupy spaces that meet Ithaca's defined standards for habitability, including adequate ceiling height, floor area, natural light, ventilation, and proper separation from other units. If a rented space appears to fall short of these standards—for example, a basement unit that lacks windows on more than one wall or a sleeping room that serves as the only path to another habitable space—tenants may raise the violation with local code enforcement or the City of Ithaca. Tenant-rights organizations familiar with Ithaca's housing code can help residents understand the general options available, such as filing a complaint or raising a code violation as a defense in a housing proceeding.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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