Cal. Civ. Code § 5:28-1.11
Use and occupancy of space
Operative Text
(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 base of total habitable room area. (b) 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) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for the purpose of determining the maximum permissible occupancy thereof. (d) A room located in whole or in part below the level of the ground may be used for sleeping provided that the walls and floors thereof in contact with the earth have been damp-proofed in accordance with a method approved by the Administrative Authority; and provided that all requirements otherwise applicable to habitable rooms generally are satisfied.
N.J.A.C. § 5:28-1.11 establishes minimum space standards for residential occupancy in New Jersey. A dwelling unit must provide at least 150 square feet of habitable floor area for the first occupant, with 100 additional square feet required for each additional person. Sleeping rooms carry their own minimums—at least 70 square feet for a single occupant and at least 50 square feet per person when shared—and ceiling height rules govern how usable floor area is calculated. Below-grade rooms may serve as sleeping spaces only when properly damp-proofed and otherwise compliant with habitable-room requirements.
Plain English — not legal advice.
Operators subject to N.J.A.C. § 5:28-1.11 generally verify that each unit's total habitable floor area meets the per-occupant thresholds before establishing or changing occupancy limits. Compliant managers document the square footage of every sleeping room, confirm that at least half of each habitable room reaches the seven-foot ceiling-height threshold, and exclude from their calculations any floor area where the ceiling falls below five feet. When a below-grade room is offered for sleeping, operators typically obtain approval from the Administrative Authority for the damp-proofing method used and confirm all other habitable-room standards are met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28-1.11 gives occupants a baseline right to a minimum amount of livable and sleeping space, calculated according to specific square-footage and ceiling-height rules. If a unit or sleeping room appears to fall short of these minimums—or if a below-grade sleeping area lacks proper damp-proofing—tenants may consider documenting the conditions and contacting the local housing or code-enforcement office, which has authority to inspect and act on violations. Tenant-rights organizations familiar with New Jersey housing code can help residents understand what remedies or complaint processes may be available under this provision.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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