Rye, N.Y., Code of Ordinances ch. 108 § 108-12
Habitable space
Operative Text
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 a 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.
Section 108-12 of Rye, N.Y., Code of Ordinances Chapter 108 establishes minimum physical standards for spaces classified as 'habitable' within dwelling units. These standards govern ceiling heights, floor area dimensions, natural and artificial light, ventilation, and the separation of units from one another. Spaces that do not meet these thresholds — such as low-ceilinged basements or undersized alcoves — are either excluded from habitable floor area calculations or treated as extensions of adjacent rooms under specific conditions.
Plain English — not legal advice.
Operators of residential properties in Rye should ensure that every habitable space meets the dimensional and environmental requirements set out in § 108-12, including minimum ceiling heights, room sizes, window-to-floor-area ratios for natural light (at least 10% of floor area), and openable ventilation area (at least 5% of floor area). Compliant operators verify that dwelling units are physically separated from one another and from non-residential spaces, and that sleeping rooms provide adequate privacy. Basement spaces and alcoves require particular attention, as § 108-12 sets specific conditions under which they may or may not count toward habitable area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 108-12 establishes the baseline conditions that a rental unit must meet to qualify as habitable under Rye's housing code, including minimum room sizes, ceiling heights, natural light, and ventilation. If a rented space appears to fall short of these standards — for example, a basement unit with inadequate ceiling height or a room lacking required windows — that may constitute a code violation. Tenants who believe their unit does not meet the requirements of § 108-12 can document the conditions, contact the City of Rye's code enforcement office, or reach out to a local 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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