Binghamton, N.Y., Code of Ordinances ch. 265 § 265-9
Minimum space requirements
Operative Text
A. Every dwelling unit shall contain a minimum of 150 square feet of habitable floor space for the first occupant and at least 100 additional square feet of floor space for each additional occupant. B. In every dwelling unit of two or more rooms, every room occupied for sleeping shall: (1) For one occupant, contain a minimum of 70 square feet of floor space. (2) For two or more occupants, contain a minimum of 50 square feet of floor space per occupant. C. Every habitable room shall have a ceiling height of at least seven feet in at least 50% of the floor area. In cases where the ceiling height is less than three feet, the floor area underneath shall not be considered in determining maximum permissible occupancy. D. No basement shall be used as a habitable room unless: (1) The floors and walls are impervious to leakage of underground and surface water and are insulated against dampness; (2) The total window area in each room is equal to at least 1/10 of the floor surface area of the room; (3) The total window area is located entirely above ground; (4) The window can be opened for ventilation or there is some other divide that affords adequate ventilation that has been approved by the Code Enforcement Bureau; and (5) All habitable space is protected from furnaces, hot water heaters or other plumbing fixtures by the installation of structures to separate these fixtures from the habitable space. E. No cellar space shall be used as or considered habitable space. F. No attic shall be used as habitable space unless it meets with the applicable provisions of the New York State Fire Prevention and Building Code. G. In this section, each occupant 15 years of age and older shall be counted and calculated as one person; children under 15 shall be 1/2 a person; and infants up to one year shall not be counted.
Section 265-9 of Binghamton's Code of Ordinances establishes minimum space standards for dwelling units, including overall square footage per occupant, minimum sleeping room sizes, and ceiling height requirements. It also sets conditions under which basements may qualify as habitable space, prohibits cellars from being used as habitable space entirely, and restricts attic use to situations meeting New York State Fire Prevention and Building Code standards. When calculating occupancy, adults and teenagers 15 and older count as one person, children under 15 count as half a person, and infants up to one year old are not counted at all.
Plain English — not legal advice.
Operators of rental properties in Binghamton must ensure that every dwelling unit meets the per-occupant floor space minimums established in § 265-9, starting at 150 square feet for the first occupant and 100 additional square feet for each subsequent occupant. Sleeping rooms, basements used as habitable space, and attics each carry their own specific requirements under this section, including window area ratios, ventilation, moisture protection, and ceiling height thresholds. Compliant operators generally audit their units against these standards before renting, apply the age-based occupancy calculation formula when determining maximum permissible occupancy, and ensure that any basement or attic space offered as habitable has received appropriate approval from the Code Enforcement Bureau.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 265-9 of Binghamton's Code of Ordinances, tenants have a right to occupy dwelling units that meet minimum habitable space standards, including adequate square footage, proper ceiling heights, and safe conditions in any basement rooms. If a rented space appears to fall short of these requirements—such as a basement room that lacks sufficient windows, proper ventilation, or moisture protection—tenants may consider documenting the conditions and filing a complaint with Binghamton's Code Enforcement Bureau. Local tenant-rights organizations can also help tenants understand how these space standards may be raised as a defense or basis for a housing complaint.
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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