Cal. Civ. Code § 5:28-1.7
Ventilation
Operative Text
(a) Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 50 percent of the minimum window area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or by other means acceptable to the Administrative Authority which will provide at least two air changes per hour. (b) Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 50 percent of the minimum window area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or by other means acceptable to the Administrative Authority which will provide at least six air changes per hour.
N.J.A.C. § 5:28-1.7 requires that every habitable room, bathroom, and water closet compartment in a dwelling be equipped with a functioning means of ventilation. For habitable rooms, this can be an easily operable window or skylight with an openable area of at least 50 percent of the minimum required window or skylight area, or another method approved by the Administrative Authority that achieves at least two air changes per hour. Bathrooms and water closet compartments must meet a higher standard, requiring either the same type of operable window or skylight or an approved alternative that achieves at least six air changes per hour.
Plain English — not legal advice.
Under N.J.A.C. § 5:28-1.7, compliant property operators ensure that every habitable room is equipped with an easily operable window, skylight, or an Administrative Authority-approved mechanical ventilation system meeting the two-air-changes-per-hour threshold. For bathrooms and water closet compartments, operators typically verify that ventilation systems—whether natural or mechanical—meet the higher six-air-changes-per-hour standard. Routine inspections of windows, skylights, and mechanical fans help confirm that openable areas and airflow rates remain within the requirements set out in this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:28-1.7 establishes a right to adequate ventilation in every habitable room, bathroom, and water closet compartment of a rental dwelling. If a window is painted shut, a fan is broken, or no approved ventilation exists, this provision may be relevant to a housing code complaint filed with the local code enforcement or Administrative Authority. Tenants who believe their unit falls short of these ventilation standards may also consider reaching out to a local tenant-rights organization to understand 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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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