Brewster, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-10
Habitable space
Operative Text
A. Size. (1) Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area, and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area. (2) A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and 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 and shall have a minimum horizontal dimension of seven feet. (4) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more but less than the required area of a habitable room shall be separately lighted and ventilated as required for habitable space. B. Basements. Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height. C. Light and ventilation. (1) Habitable space shall be provided with natural light through one or more windows, skylights or transparent or translucent panels, or any combination thereof, that face directly on legal open spaces, at least six inches above the adjoining finished grade, or are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 8% of the floor area of the habitable space. (2) Habitable space shall be provided with artificial light. (3) Habitable space shall be provided with natural ventilation through operable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof or through operable parts of skylights providing total clear ventilation area equal to not less than 4% of the total floor area of each habitable space. (4) Habitable space may also be provided with mechanical ventilation in addition to natural ventilation. D. Miscellaneous requirements. (1) Dwelling units shall be separated from each other and from other spaces outside the dwelling unit. (2) Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy. (3) Lodging units shall be separated from each other and from other spaces outside the lodging units. (4) A commercial kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.
Brewster, N.Y., Code of Ordinances ch. 148 § 148-10 establishes minimum physical standards for spaces classified as habitable within dwelling units. These standards cover ceiling heights, floor area minimums, horizontal dimensions, natural and artificial light, ventilation, and the treatment of alcoves and basements. The provision also requires that dwelling units, sleeping rooms, and lodging units be physically separated from one another to ensure privacy, and that shared kitchen or dining facilities in lodging houses remain accessible without passing through another occupant's private unit.
Plain English — not legal advice.
Operators of residential properties in Brewster should ensure that every space presented or rented as habitable meets the dimensional and environmental thresholds set out in § 148-10, including the 7'6" ceiling height over at least half the floor area, the 150-square-foot minimum for the primary habitable room, and the 8% natural-light and 4% natural-ventilation area requirements. Basement spaces, alcoves, and kitchens each carry their own specific size and configuration rules under this section and must be evaluated individually before being counted as habitable area. Compliant operators also maintain physical separation between dwelling units, sleeping rooms, and lodging units, and verify that shared kitchen or dining spaces in lodging houses are reachable without routing occupants through another resident's private space.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 148-10 of the Brewster Code of Ordinances, tenants have a right to occupy dwelling units that meet defined minimums for ceiling height, floor area, natural light, and ventilation, and to have their sleeping space separated from other units for privacy. If a rented space appears to fall short of these standards—for example, a basement room with inadequate ceiling clearance or a room lacking sufficient window area—that condition may constitute a code violation that can be reported to the local code enforcement or building department. Tenants may also wish to consult a tenant-rights organization or legal aid provider to understand how a violation of § 148-10 could be raised in the context of habitability claims or other housing 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 10, 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