Port Jervis, N.Y., Code of Ordinances ch. 319 § 319-8
Space requirements
Operative Text
A. Dwelling unit. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 75 square feet of additional habitable floor area for each additional occupant. B. Sleeping rooms. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age or over and at least 35 square feet of floor area for each occupant under 12 years of age. C. Calculation of floor area. Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than 10% of the required habitable floor area. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling height is less than 4 1/2 feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy. D. Scope of term "occupant." For the purpose of this section, a person under one year of age shall not be counted as an occupant. E. Use of cellar. No cellar space shall be used as a habitable room or dwelling unit. Play or recreation rooms may be located below grade. F. Use of basement. No basement shall be used as a habitable room or dwelling unit unless: (1) The floors and walls are substantially watertight. (2) The total window area, total openable area and ceiling height are in accordance with these standards. (3) The required minimum window area of every habitable room is entirely above grade of the ground adjoining such window area, not including stairwells and accessways.
Section 319-8 of Port Jervis, N.Y., Code of Ordinances Chapter 319 establishes minimum space requirements for dwelling units and sleeping rooms. Each dwelling unit must provide at least 150 square feet of habitable floor area for the first occupant, with 75 additional square feet required per additional occupant, while sleeping rooms must meet specific per-person minimums that vary by age. The provision also sets rules for how floor area is calculated, restricts the use of cellars as living space, and conditions the use of basements on meeting waterproofing, window, and ceiling-height standards.
Plain English — not legal advice.
Operators of rental housing in Port Jervis should ensure that every dwelling unit and sleeping room meets the occupancy-based floor area thresholds set out in § 319-8 before placing tenants. Compliant operators verify that floor area calculations account for ceiling height limitations and the 10% cap on closet and hall area, and they confirm that any basement unit offered as habitable space satisfies the watertightness, window area, and grade requirements. Cellar spaces are not permitted as habitable rooms or dwelling units under any circumstances under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 319-8 of Port Jervis's housing code gives occupants a right to a minimum amount of habitable floor space, calculated according to the number and ages of the people living in the unit. If a unit appears to fall below these minimums—or if a landlord is renting out cellar space or a non-compliant basement as a habitable room—tenants may have grounds to raise a housing code violation. Tenants can report suspected violations to the local code enforcement office or consult a tenant-rights organization to understand the options 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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