Mineola, N.Y., Code of Ordinances ch. 300 (eCode360 ed. 2026) § 300-12
Habitable space
Operative Text
A. Size. (1) Habitable space shall have a minimum height of seven feet six inches, measured from floor to ceiling. In habitable space with a sloping ceiling, the required minimum ceiling height of seven feet six inches shall be provided in at least 50% of the floor area, and the area where the ceiling height is less than five feet shall not be included in computing required floor area. (2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area, with 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, with a minimum horizontal dimension of seven feet. (4) Alcoves, except cooking spaces or foyers, to be deemed part of a habitable room shall conform with the following: (a) An alcove less than 60 square feet in area shall be deemed part of the habitable room which it abuts, provided the dividing partition between the alcove and the room has an opening of at least 80% of the wall area of such partition, measured on the alcove side, which wall area may not be less than 40 square feet, and the depth of such alcove does not exceed half its width. (b) The floor area of the alcove shall be added to the floor area of the habitable room, for the purpose of complying with the light and ventilation requirements of Subsection C of this section. (c) An alcove with an area of 60 square feet or more, but less than 80 square feet, shall be deemed part of the habitable room which it abuts, provided it meets the requirements of Subsection A(4)(a) and is separately lighted and ventilated as required for habitable space in Subsection C of this section. B. Location in respect to grade level. Habitable space located partially below grade shall conform to the definition of a "basement," with the floor level of such space not more than four feet below the average finished grade. C. Light and ventilation. (1) Habitable space, exclusive of kitchens, shall have natural light provided by means of one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on open space. The amount of light shall be equivalent to that transmitted through clear glass, equal in area to not less than 10% of the floor area of the habitable space. In computing the amount of light transmitted, only window or panel areas six inches or more above the adjoining finished grade shall be included in such calculation. (2) Habitable space shall be provided with electric light appropriate for the intended use. (3) Habitable space, exclusive of kitchens, shall have natural ventilation provided by means of openable parts of windows or other openings in exterior walls that face directly on open space or through openable parts of skylights. Such openable parts shall have a total clear ventilation area equal to not less than 5% of the floor area of the habitable space. In computing the total clear ventilation area, only openable parts of windows or other openings six inches or more above the adjoining finished grade shall be included in such calculation. (4) Habitable space may also be provided with mechanical ventilation in addition to natural ventilation, but not in substitution thereof, except kitchens may be provided with natural ventilation, conforming with Subsection C(3) , or with mechanical ventilation exhausting not less than 150 cfm. D. Open space. (1) Open space shall be of sufficient area to permit required natural light and ventilation for habitable space. (2) Windows, panels, and openings required to provide natural light or ventilation shall face directly on open space conforming to the following: (a) Where such open space is bounded on two sides by walls, with two open ends, and the vertical dimension of the lower wall is 30 feet or less, the horizontal dimension between walls shall be at least eight feet. For each foot that the vertical dimension of the lower wall exceeds 30 feet, the horizontal dimension between walls, above the thirty-foot level, shall be increased by at least three inches. Vertical dimension shall be measured from the floor level of the story containing required windows, panels, or openings to the top of the lower wall. Horizontal dimension shall be measured, at the same floor level, from the wall containing such windows, panels, or openings to the facing wall. (b) Where such open space is bounded on three sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension from the open end of the open space to the wall opposite the open end shall not exceed four times the horizontal dimension between the facing walls. (c) Where such open space is bounded on four sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension between any two facing walls shall not exceed two times the horizontal dimension between the other two facing walls. E. Miscellaneous requirements. (1) Dwelling units shall be separate and apart from each other. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. (2) Hotel units, lodging units, and dormitory units shall be designed to provide privacy and be separate from other adjoining spaces. (3) Communal kitchens and communal dining rooms shall be accessible only from a common hall or passageway.
Section 300-12 of Mineola's Code of Ordinances establishes minimum physical standards for habitable space in dwelling units, covering ceiling heights, floor areas, natural light, ventilation, and spatial relationships to grade level and open space. For example, ceilings must generally reach at least seven feet six inches, primary habitable rooms must contain at least 150 square feet, and windows or openings must supply natural light equivalent to at least 10% of a room's floor area. The provision also sets rules for how alcoves are counted toward room area, how kitchens may be ventilated, and how dwelling units must remain separate from one another.
Plain English — not legal advice.
Operators of residential properties in Mineola should ensure that every habitable room meets the dimensional and environmental benchmarks set out in § 300-12, including ceiling heights, minimum floor areas, and the required ratios of window area to floor area for natural light and ventilation. Compliant properties maintain kitchens at no less than 60 square feet, keep any partially below-grade habitable space within the four-foot depth limit defined as a basement, and ensure sleeping rooms are never the sole path of access to other habitable spaces. Routine inspections of window operability, mechanical ventilation capacity in kitchens, and open-space clearances between facing walls help demonstrate ongoing conformance with the code's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 300-12 of Mineola's Code of Ordinances, tenants have a right to occupy dwelling units that meet baseline standards for space, light, and ventilation — including adequate ceiling height, minimum room sizes, and functioning natural or mechanical ventilation. If a unit appears to fall short of these standards — for instance, a room with insufficient window area or a ceiling that does not meet the height minimums — that condition may constitute a code violation that can be reported to the appropriate Mineola municipal or building code enforcement office. Tenant-rights organizations familiar with New York housing standards can help residents understand what documentation to gather and what local complaint processes may be available under this provision.
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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