Yonkers, N.Y., Code of Ordinances ch. 58 § 58-21
Space requirements
Operative Text
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: A. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. C. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements 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 or public hallway, nor shall room arrangements 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 or public hallway. D. The floor area of every habitable room shall have a ceiling height of at least seven feet six inches, except that in any habitable room under a sloping ceiling, at least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet six inches, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. E. No cellar space shall be used as a habitable room or dwelling unit. F. No basement space shall be used as a habitable room or dwelling unit unless: (1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (2) The total window area in each habitable room is at least equal to the minimum window sizes required in these regulations and such required window area is located entirely above the grade of the ground adjoining such window area. (3) The total openable window area in each room is equal to at least the minimum as required in these regulations, except where there is provided another mechanical device affording adequate ventilation and approved by the Commissioner of the Department of Housing and Buildings. (4) There are no pipes, ducts or other obstructions less than six feet eight inches above the floor level which interfere with the normal use of the room or area. G. All legal nonconforming dwelling units which are in use and constructed prior to the introduction of the Multiple Residence Law of 1951 shall be exempt from complying with Subsections A , B , C , D and F of this section. However, upon rerental of the dwelling units, it shall be the responsibility of the landlord, owner or agent or any other representative or any other responsible party at the time of the rerental to comply with all subsections as specified in this section.
Section 58-21 of the Yonkers Code of Ordinances establishes minimum space and layout standards for all dwellings and dwelling units used for human habitation. These requirements cover minimum square footage per occupant, minimum bedroom sizes, bathroom accessibility without passing through another sleeping room, ceiling height minimums, and restrictions on using cellar or basement spaces as living areas. Dwelling units that predate the Multiple Residence Law of 1951 may be exempt from several of these requirements, but that exemption ends when the unit is re-rented.
Plain English — not legal advice.
Under § 58-21, compliant operators in Yonkers generally ensure that each dwelling unit provides at least 150 square feet of habitable floor space for the first occupant and at least 100 additional square feet for each additional occupant, with sleeping rooms meeting the prescribed minimums. Landlords also verify that room layouts allow access to bathrooms without routing occupants through another sleeping room, that ceiling heights meet the seven-foot-six-inch standard, and that no cellar space is offered as a habitable unit. Owners of pre-1951 nonconforming units should be aware that the exemption provided in § 58-21(G) expires upon re-rental, at which point full compliance with all subsections is required before the unit is offered to a new occupant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 58-21 gives Yonkers tenants the right to occupy a dwelling that meets minimum size, layout, and habitability standards, including adequate square footage, properly accessible bathrooms, and sufficient ceiling height. If a unit appears to fall short of these standards—for example, a sleeping room that seems undersized or a basement unit that leaks—tenants may consider documenting the conditions and raising the violation with the Yonkers Department of Housing and Buildings. Tenant-rights organizations familiar with Yonkers housing code can help residents understand how § 58-21 applies to their situation and what complaint or defense options may be available.
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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