Troy, N.Y., Code of Ordinances ch. 176 § 176-22
Occupancy requirements
Operative Text
No person shall occupy, or let to another for occupancy, any dwelling unit, for the purpose of living therein, which does not comply with the following requirements: A. Minimum ceiling heights. Habitable rooms in existing buildings, except as provided in § 176-4D , shall have a clear ceiling height of not less than 7 1/3 feet, except that in attics or top half-stories the ceiling height shall be not less than seven feet over not less than 1/3 of the area when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. B. Required space in dwelling units. Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. C. Required space in sleeping rooms. In every dwelling unit, every room occupied for sleeping purposes by one occupant shall have a minimum gross floor area of at least 70 square feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof. D. Access limitation of dwelling unit to commercial uses. No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes. E. Location of bath and second sleeping room. No residence building or dwelling unit containing two or more sleeping rooms shall have such room arrangement that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall the room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. Existing one-family dwellings where no lodgers are occupants may be exempt from the requirement concerning access through a first sleeping room. F. Occupancy of dwelling units below grade. No dwelling unit partially below grade shall be used for living purposes unless: (1) Floors and walls are watertight; (2) Total window area, total openable area and ceiling height are in accordance with this chapter; and (3) Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area.
Troy, N.Y., Code of Ordinances ch. 176 § 176-22 establishes minimum physical standards that any dwelling unit must meet before it can lawfully be occupied or rented. These standards cover ceiling heights, floor area per occupant, sleeping room sizes, access arrangements between rooms, restrictions on connections to commercial spaces, and conditions for below-grade units. A dwelling unit that fails any of these requirements cannot legally be occupied or let to another person for living purposes.
Plain English — not legal advice.
Under Troy, N.Y., Code of Ordinances ch. 176 § 176-22, compliant operators generally verify that each dwelling unit meets the specified ceiling heights, per-occupant floor area minimums, and sleeping room size requirements before allowing occupancy. They also ensure that habitable rooms do not open directly into commercial spaces, that bathroom and sleeping room access arrangements meet the chapter's layout rules, and that any below-grade unit has watertight construction, adequate window area above grade, and proper ceiling height. Keeping documentation of unit measurements and configurations can help demonstrate ongoing compliance with these occupancy standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Troy, N.Y., Code of Ordinances ch. 176 § 176-22 sets out minimum space and configuration standards that a dwelling unit must satisfy before a landlord can lawfully rent it to you. If a unit you occupy or are considering renting appears to fall short of these requirements—such as having insufficient floor area per occupant, inadequate ceiling heights, or a below-grade space that is not watertight—that noncompliance may be relevant to your housing situation. Tenants who believe a unit violates these standards can consider contacting Troy's local code enforcement office, raising the violation in any relevant housing proceeding, or reaching out to a 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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