Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-13
Basements
Operative Text
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.
Under Oyster Bay, N.Y., Code of Ordinances ch. 135 § 135-13, a basement is not considered habitable space when its windows are located on only one wall and the basement's depth is more than four times its clear ceiling height. This geometric and ventilation standard sets a threshold below which a basement cannot legally qualify as living space, regardless of how it is otherwise finished or used. The rule reflects a broader concern that inadequate light and air circulation make certain basement configurations unsuitable for human habitation.
Plain English — not legal advice.
Property owners and managers in Oyster Bay should be aware that ch. 135 § 135-13 establishes specific physical criteria that determine whether a basement may be classified as habitable space. Compliant operators generally evaluate both the window placement and the depth-to-height ratio of any basement before marketing, leasing, or representing it as a living unit or rentable room. Basements with windows on only one wall where the depth exceeds four times the clear height would not meet the habitable-space standard under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 135 § 135-13, tenants have an interest in knowing whether the space they occupy or are being offered meets Oyster Bay's definition of habitable space. If a basement unit appears to have windows on only one wall and seems unusually deep relative to its ceiling height, that configuration may fall outside what the code recognizes as legally habitable. Tenants who have concerns about whether their space meets this standard may consider contacting the Oyster Bay building or housing department, or reaching out to a local tenant-rights organization for general information about 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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation