Albany, N.Y., Code of Ordinances ch. 231 § 231-15
Basements
Operative Text
Basements shall not be deemed habitable unless all of the following conditions shall be met: Such room shall be at least seven feet six inches in height in every part from the finished floor to the ceiling. Ceilings of such rooms shall be at least three feet six inches above the surface of the street, alley, yard or court adjoining the same. There shall be appurtenant to such room if used for sleeping purposes the use of a water closet. Every room shall have a window or windows opening upon the street, an alley or upon a yard or court. The total area of windows in every room shall be at least one-eighth (1/8) of the floor area of the room, and the sash shall be made to open the full width, and the top of each window shall be within six inches of the ceiling. All exterior walls surrounding such room shall be dampproof. The floor of such room shall be dampproof and waterproof.
Albany, N.Y., Code of Ordinances ch. 231 § 231-15 establishes a set of minimum physical conditions that a basement room must satisfy before it can legally be considered habitable. These conditions address ceiling height, the elevation of ceilings relative to adjacent outdoor surfaces, access to a water closet for sleeping rooms, natural light through properly sized and operable windows, and dampproofing of both walls and floors. A basement room that fails to meet even one of these requirements cannot lawfully be classified or used as a habitable space.
Plain English — not legal advice.
Under Albany, N.Y., Code of Ordinances ch. 231 § 231-15, operators who rent or offer basement spaces as living quarters generally ensure that each room meets every enumerated physical standard before occupancy is permitted. Compliant operators typically document ceiling heights, window dimensions and operability, the availability of a water closet for any sleeping use, and the condition of dampproofing on walls and floors. Maintaining records of inspections and any remediation work can help demonstrate ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Albany, N.Y., Code of Ordinances ch. 231 § 231-15 gives tenants a basis to question whether a basement unit they occupy or are considering renting meets the legal definition of habitable space. If a basement room lacks adequate ceiling height, proper windows, dampproofed walls or floors, or access to a water closet for sleeping purposes, it may not lawfully qualify as a habitable unit under this provision. Tenants who believe their basement dwelling falls short of these standards may consider contacting Albany's local code enforcement office, raising the issue with a tenant-rights organization, or exploring whether the violation can be raised as a defense in a housing proceeding.
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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