Massena, N.Y., Code of Ordinances ch. 186 (eCode360 ed. 2026) § 186-13

Habitable space

In Force
Verified 11/10/2026 · Next check 12/10/2026
MassenaStatutory Standards

Operative Text

Massena, N.Y., Code of Ordinances ch. 186 (eCode360 ed. 2026) § 186-13
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 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. 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 the 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 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 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.
Source: Legislative text reproduced verbatim
Plain English

Section 186-13 of Massena's Code of Ordinances establishes minimum physical standards for habitable space in dwelling units. These standards cover ceiling heights, floor area dimensions, natural and artificial light, ventilation, and the separation of units from one another. Spaces that fall short of these measurements — such as low-ceilinged basements or undersized rooms — may not legally qualify as habitable space, affecting how a unit can be described, rented, or occupied.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Operators of rental properties in Massena must ensure that every habitable room meets the size, light, and ventilation thresholds set out in § 186-13, including minimum ceiling heights of seven feet six inches over at least half the floor area, adequate window area equal to at least 10% of floor area for natural light, and ventilation openings totaling at least 5% of floor area. Compliant operators also maintain proper separation between dwelling units and sleeping rooms to ensure occupant privacy. Basement spaces and alcoves require particular attention, as § 186-13 sets specific conditions under which they may or may not count toward habitable floor area.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 186-13, tenants in Massena have a right to occupy dwelling units that meet defined minimums for room size, ceiling height, natural light, and ventilation. If a rented space — such as a basement room or a very small bedroom — appears to fall below these standards, that may constitute a housing code violation. Tenants who believe their unit does not meet the habitable-space requirements of § 186-13 can document the conditions, contact the local code enforcement office, or reach out to a 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Massena Code § 186-61
Massena Code § 186-61
Massena Code § 186-5
Massena Code § 186-5

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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