Cal. Civ. Code § 5:10-22.3
Floor area
Operative Text
(a) In all dwelling units other than rooming units, there shall be a minimum usable floor area for the initial occupant of 150 square feet and 100 square feet additional space for each additional occupant provided, however, that children under the age of two shall not be considered additional occupants. (b) In rooming units used or intended to be used solely for transient occupancy, there shall be a minimum usable floor area of 50 square feet for each occupant provided, however, that children under the age of six shall not be considered additional occupants. (c) In every rooming unit used or intended to be used for non-transient occupancy, there shall be a usable floor area of at least 80 square feet in every room occupied or intended to be occupied for sleeping purposes by one occupant and a usable floor area of at least 60 square feet per occupant in every room occupied or intended to be occupied for sleeping purposes by more than one occupant, provided, however, that children under the age of two shall not be considered to be additional occupants. (d) In every dwelling unit other than a rooming unit, every room occupied or intended to be occupied for sleeping purposes by one occupant shall have a minimum usable floor area of 70 square feet and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall have a usable floor area of at least 50 square feet for each such occupant, provided, however, that children under the age of two shall not be considered to be additional occupants.
N.J.A.C. § 5:10-22.3 establishes minimum usable floor area requirements for residential dwelling units and rooming units in New Jersey. Standard dwelling units must provide at least 150 square feet for the first occupant and 100 additional square feet per additional occupant, while sleeping rooms must meet separate per-occupant minimums depending on how many people share the space. Rooming units—whether for transient or non-transient occupancy—carry their own distinct square footage thresholds, and in all cases, young children below specified ages (two or six, depending on the unit type) are not counted as additional occupants when calculating required space.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-22.3, compliant operators calculate usable floor area for each unit type before determining allowable occupancy levels, ensuring that standard dwelling units, transient rooming units, and non-transient rooming units each meet their respective minimums. Operators generally document the square footage of every sleeping room and common living area, then apply the correct per-occupant thresholds—150 square feet for the first resident in a standard unit, with 100 square feet added per additional resident, and separate standards for rooming units. Maintaining accurate records of unit dimensions and occupancy classifications helps demonstrate compliance during inspections conducted under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-22.3 gives tenants a right to occupy housing that meets minimum space standards—for example, a standard dwelling unit must provide at least 150 square feet for one person, with additional space required for each additional resident. If a unit appears to fall below these thresholds, tenants may raise the violation as a defense in certain housing proceedings or file a complaint with the appropriate local housing or code enforcement authority. Tenant-rights organizations familiar with New Jersey housing code can help residents understand which floor area category applies to their unit and what remedies 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 3, 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
No inbound references recorded yet for this provision.