Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-12
Provisions applicable to 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 or 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. 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 93-12 of Waverly, N.Y., Code of Ordinances Chapter 93 establishes minimum physical standards for habitable space in residential buildings. These standards cover ceiling heights, floor area dimensions, natural and artificial light, ventilation, and the separation of dwelling and sleeping units from one another. Alcoves, basements, and kitchens are each subject to specific rules that determine whether and how their space counts toward habitability requirements.
Plain English — not legal advice.
Operators of residential properties in Waverly must ensure that all habitable spaces meet the dimensional and environmental thresholds set out in § 93-12, including minimum ceiling heights of seven feet six inches over at least half the floor area, adequate square footage for each room type, and natural light equivalent to 10% of each room's floor area. Compliant properties also provide natural ventilation through openable windows or skylights totaling at least 5% of each habitable room's floor area, along with artificial lighting. Dwelling units, lodging units, and sleeping rooms are kept physically separated from one another, and shared kitchen or dining facilities in lodging houses are accessible without requiring passage through another occupant's private unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 93-12 of Waverly's Code of Ordinances, tenants are entitled to live in spaces that meet defined minimums for room size, ceiling height, natural light, and ventilation, and that are properly separated from neighboring units for privacy. If a rented space appears to fall short of these standards—for example, a room with insufficient windows, inadequate square footage, or no separation from adjacent units—that may constitute a code violation. Tenants who believe their unit does not meet the requirements of § 93-12 can document the conditions, contact the local code enforcement or housing authority in Waverly, or reach out to a tenant-rights organization for general guidance on 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