Cicero — Part II Ch. 46 Art. X Minimum Housing Code § 46-476
Minimum Space, Use and Location Requirements, Sleeping Areas
Operative Text
(a) No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, that does not comply with the following: (1) Every dwelling use shall contain at least 200 square feet of space for the first occupant thereof and at least 150 additional square feet of floor space for each additional occupant thereof. For purposes of this subsection, total floor space shall be calculated on the basis of total habitable room area. (2) 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 for each occupant, with floor space to be calculated on the basis of total habitable room area. (3) No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements such 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, 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. (4) Every habitable room shall have a ceiling height of at least eight feet, and the floor area of that part of any room where the ceiling height is less than eight feet shall not be considered as part of the floor area in computing total area of the room for purposes of determining the maximum permissible occupancy thereof. For dwelling units constructed prior to September 21, 1970, dwelling units shall have a ceiling height of at least seven feet. (5) No cellar space, bathroom, veranda, porch, terrace, balcony, stairwell or interior hallway shall be used to calculate total habitable room area. (6) No basement space shall be used as a habitable room or dwelling unit unless: a. The floors and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; b. The total of window area in each room is equal to at least the minimum window area sizes as required in subsection 46-474 (1); c. Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and d. The total of openable window area in each room is equal to at least the minimum as required under subsection 46-474 (2), except where there is supplied some other device affording adequate ventilation and approved by the health department. (b) Every bathroom and water closet compartment shall comply with the ceiling height requirements for habitable rooms contained in subsections (a)(4) of this section, except that any half-bath will be permitted in a room with a minimum ceiling height of six feet eight inches. (c) In non-habitable basements of residential structures in existence prior to January 1, 2025, any full-bath must have a minimum ceiling height of seven feet and any half bath must have a ceiling height of six feet eight inches. An allowance of up to four inches will be permitted for full-baths and an allowance of up to five inches will be permitted for half-baths subject to the review of the building commissioner. (d) No sale of any property shall be approved unless the buyer submits an affidavit to the Town's Building Department that the applicable Building Codes' occupancy requirements regarding sleeping areas shall be met. Persons found to be in violation of this Subsection (c) shall be subject to a fine of not more than $750.00 for each offense. For purposes of this Subsection each day that an offense continues shall constitute a separate offense.
Cicero § 46-476 establishes minimum space, layout, and ceiling-height standards for dwellings and dwelling units. It sets square-footage floors for overall occupancy and for individual sleeping rooms, prohibits room arrangements that force occupants to pass through one sleeping room to reach another or to access a shared bathroom, and restricts which spaces (such as cellars, porches, and hallways) may count as habitable area. Violations of the basement ceiling-height requirements under subsection (c) can result in fines of up to $750 per day that the offense continues.
Plain English — not legal advice.
Operators subject to Cicero § 46-476 generally ensure that each dwelling unit meets the per-occupant square-footage minimums—200 sq ft for the first occupant, 150 sq ft for each additional—and that sleeping rooms meet the applicable per-person floor-area thresholds. Compliant properties are configured so that no sleeping room serves as a required passageway to another sleeping room or to a shared bathroom, and ceiling heights meet the eight-foot standard (or seven feet for units built before September 21, 1970). Before any property sale is finalized, § 46-476(d) requires the buyer to submit an affidavit to the Town's Building Department confirming that occupancy requirements for sleeping areas will be met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cicero § 46-476 gives occupants the right to live in units that meet minimum size, layout, and ceiling-height standards, and prohibits landlords from renting spaces—such as cellars, porches, or hallways—that do not qualify as habitable area. If a unit appears to fall short of these requirements, tenants may document the conditions and raise the violation with Cicero's Building Department, which has authority over compliance with the Minimum Housing Code. Tenant-rights organizations familiar with local Cicero ordinances can help residents understand the general enforcement paths available under § 46-476.
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.
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