Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-13
Size of habitable spaces
Operative Text
A. Every habitable room shall contain not less than 80 square feet of clear floor area and have in any part at least eight feet in its least horizontal dimension and shall have a clear height of not less than eight feet, measured from finished floor to finished ceiling. B. A dwelling unit shall have at least one living room containing not less than 150 square feet of clear floor area, and such apartment or dwelling unit shall, in its entirety, contain at least 150 square feet of floor space for the first occupant thereof and at least 100 square feet additional floor space for each additional occupant thereof, to be calculated on the basis of total habitable room area. C. Kitchens shall have a minimum of 70 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. D. 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 in 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.
Mount Vernon Code ch. 149 § 149-13 establishes minimum size standards for habitable spaces in dwelling units. Every habitable room must have at least 80 square feet of clear floor area, an eight-foot minimum horizontal dimension in any part, and a ceiling height of no less than eight feet. A dwelling unit must include at least one living room of 150 or more square feet, and the total habitable area must scale with the number of occupants—150 square feet for the first occupant and 100 additional square feet for each subsequent occupant. Kitchens have their own floor-area minimum of 70 square feet, and alcoves are subject to specific rules about how they count toward or are treated as habitable space.
Plain English — not legal advice.
Operators of rental housing in Mount Vernon should ensure that every unit offered for occupancy meets the dimensional requirements set out in ch. 149 § 149-13 before tenants move in. Compliant operators typically verify that each habitable room meets the 80-square-foot floor area and eight-foot ceiling height minimums, that at least one living room reaches 150 square feet, and that total habitable area is sufficient for the number of occupants the unit is marketed to accommodate. Kitchens must be at least 70 square feet, and any alcoves must be evaluated under the provision's specific rules to determine whether they count as part of an adjoining room or must be independently lighted and ventilated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mount Vernon Code ch. 149 § 149-13, tenants have a right to occupy dwelling units that meet minimum size and dimension standards, including adequate floor area scaled to the number of occupants. If a unit appears to fall short of these requirements—for example, a living room that seems well under 150 square feet or ceiling heights below eight feet—tenants may consider documenting the conditions and raising the violation with the appropriate local housing or code enforcement authority. Tenant-rights organizations familiar with Mount Vernon's housing code can help residents understand what options may be available, including how a code violation might be raised 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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