Auburn, N.Y., Code of Ordinances ch. 182 § 182-12
Habitable space
Operative Text
A. Size. (1) Habitable space shall have a minimum height of seven feet six inches, measured from floor to ceiling. In habitable space with a sloping ceiling, the required minimum ceiling height of seven feet six inches shall be provided in at least 50% of the floor area, and the area where the ceiling height is less than five feet shall not be included in computing required floor area. (2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area, with a minimum horizontal dimension of 10 feet. (3) Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area, with a minimum horizontal dimension of seven feet. (4) Alcoves, except cooking spaces or foyers, to be deemed part of a habitable room shall conform to the following: (a) An alcove less than 60 square feet in area shall be deemed part of the habitable room which it abuts, provided the dividing partition between the alcove and the room has an opening of at least 80% of the wall area of such partition, measured on the alcove side, which wall area may not be less than 40 square feet, and the depth of such alcove does not exceed half its width. (b) The floor area of the alcove shall be added to the floor area of the habitable room, for the purpose of complying with the light and ventilation requirements of Subsection C of this section. (c) An alcove with an area of 60 square feet or more, but less than 80 square feet, shall be deemed part of the habitable room which it abuts, provided it meets the requirements of Subsection A(4)(a) and is separately lighted and ventilated, as required for habitable space in Subsection C of this section. B. Location in respect to grade level. Habitable space located partially below grade shall conform to the definition of a basement, with the floor level of such space not more than four feet below the average finished grade. C. Light and ventilation. (1) Habitable space shall have natural light provided by means of one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on open space. The amount of light shall be equivalent to that transmitted through clear glass equal in area to not less than 10% of the floor area of the habitable space. In computing the amount of light transmitted, only window or panel areas six inches or more above the adjoining finished grade shall be included in such calculation. (2) Habitable space shall be provided with electric light appropriate for the intended use. (3) Habitable space shall have natural ventilation provided by means of openable parts of windows or other openings in exterior walls that face directly on open space, or through openable parts of skylights. Such openable parts shall have a total clear ventilation area equal to not less than 5% of the floor area of the habitable space. In computing the total clear ventilation area, only openable parts of windows or other openings six inches or more above the adjoining finished grade shall be included in such calculation. (4) Habitable space may also be provided with mechanical ventilation in addition to natural ventilation, but not in substitution thereof, except kitchens may be provided with natural ventilation, conforming with Subsection C(3) of this section, or with mechanical ventilation exhausting not less than 150 cfm. D. Open space. (1) Open space shall be of sufficient area to permit required natural light and ventilation for habitable space. (2) Windows, panels, and openings required to provide natural light or ventilation shall face directly on open space conforming to the following: (a) Where such open space is bounded on two sides by walls, with two open ends, and the vertical dimension of the lower wall is 30 feet or less, the horizontal dimension between walls shall be at least eight feet. For each foot that the vertical dimension of the lower wall exceeds 30 feet, the horizontal dimension between walls, above the thirty-foot level, shall be increased by at least three inches. Vertical dimension shall be measured from the floor level of the story containing required windows, panels, or openings to the top of the lower wall. Horizontal dimension shall be measured, at the same floor level, from the wall containing such windows, panels, or openings to the facing wall. (b) Where such open space is bounded on three sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension from the open end of the open space to the wall opposite the open end shall not exceed four times the horizontal dimension between the facing walls. (c) Where such open space is bounded on four sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension between any two facing walls shall not exceed two times the horizontal dimension between the other two facing walls. E. Miscellaneous requirements. (1) Dwelling units shall be separate and apart from each other. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. (2) Hotel units, lodging units, and dormitory units shall be designed to provide privacy and be separate from other adjoining spaces. (3) Communal kitchens and communal dining rooms shall be accessible only from a common hall or passageway.
Auburn, N.Y., Code of Ordinances ch. 182 § 182-12 establishes minimum physical standards for habitable space in dwelling units, covering ceiling heights, floor areas, natural light, ventilation, and spatial relationships to grade level and open space. For example, ceilings must generally reach at least seven feet six inches, primary rooms must meet specific square-footage thresholds, and windows or openings must supply natural light and airflow proportional to the room's floor area. The provision also sets rules for how alcoves are counted toward room area, how below-grade spaces qualify as habitable, and how open space must be configured to support required light and ventilation.
Plain English — not legal advice.
Operators of rental properties in Auburn should ensure that every habitable room in their units meets the dimensional, lighting, and ventilation benchmarks set out in § 182-12 before renting or continuing to rent those spaces. Compliant operators typically verify ceiling heights, confirm that window and openable-vent areas meet the 10% light and 5% ventilation minimums relative to floor area, and ensure that no sleeping room serves as the sole corridor to another habitable space. Properties with basement-level or sloped-ceiling rooms require particular attention to the grade and ceiling-height calculations specified in § 182-12 to confirm those spaces legally qualify as habitable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Auburn, N.Y., Code of Ordinances ch. 182 § 182-12, tenants have a right to occupy dwelling units that meet minimum standards for room size, ceiling height, natural light, and ventilation. If a rented space appears to fall short of these requirements—such as a basement room that sits too far below grade or a room with inadequate window area—tenants may consider documenting the conditions and contacting Auburn's local code enforcement or housing inspection office to request an inspection. Tenant-rights organizations can also help renters understand how a violation of § 182-12 might be raised in housing court or used in other enforcement proceedings.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation