Elmira, N.Y., Code ch. 8, art. V § 8-354

Habitable space

In Force
Verified 11/6/2026 · Next check 12/6/2026
ElmiraSpecific Conditions

Operative Text

Elmira, N.Y., Code ch. 8, art. V § 8-354
13-40.1. Size.
(a) 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 percent 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.
(b) 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 ten feet.
(c) 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.
(d) Alcoves, except cooking spaces or foyers, to be deemed part of a habitable room shall conform with the following:
(1) 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 percent 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.
(2) 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 13-40.3 of this section.
(3) 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 13-40.1(d)(1) of this section and is separately lighted and ventilated, as required for habitable space in subsection 13-40.3 of this section.
13-40.2. 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.
13-40.3. Light and ventilation.
(a) Habitable space, exclusive of kitchens, 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 ten percent 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 grades hall be included in such calculation.
(b) Habitable space shall be provided with electric light appropriate for the intended use.
(c) Habitable space, exclusive of kitchens, shall have natural ventilation provided by means of operable 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 five percent 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 each calculation.
(d) 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 13-40.3(c) of this section, or with mechanical ventilation exhausting not less than 150 cfm.
13-40.4. Open space.
(a) Open space shall be of sufficient area to permit required natural light and ventilation for habitable space.
(b) Windows, panels and openings required to provide natural light or ventilation shall face directly on open space conforming to the following:
(1) 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 30-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.
(2) Where such open space is bounded on three sides by walls, in addition to the requirements of subsection 13-40.4(b)(1) of this section, 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.
(3) Where such open space is bounded on four sides by walls, in addition to the requirements of subsection 13-40.4(b)(1) of this section, the horizontal dimension between any two facing walls shall not exceed two times the horizontal dimension between the other two facing walls.
13-40.5. Miscellaneous requirements.
(a) 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.
(b) Hotel units, lodging units and dormitory units shall be designed to provide privacy, and be separate from other adjoining spaces.
(c) Communal kitchens and communal dining rooms shall be accessible only from a common hall or passageway.
Source: Legislative text reproduced verbatim
Plain English

Elmira Code ch. 8, art. V § 8-354 (sections 13-40.1 through 13-40.5) establishes minimum physical standards for habitable space in dwelling units. These standards cover ceiling heights (at least 7 feet 6 inches), room sizes (at least 150 square feet for the primary room, 60 square feet for kitchens, and 80 square feet for other habitable rooms), natural light (windows or skylights covering at least 10% of floor area), and natural ventilation (openable areas covering at least 5% of floor area). The code also sets rules for how alcoves are counted, how below-grade spaces qualify, how open space must be configured, and how units must be separated from one another.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 6, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Elmira should ensure that every dwelling unit meets the dimensional and environmental thresholds set out in § 8-354. Compliant operators generally verify that ceiling heights, room square footages, window-to-floor-area ratios, and ventilation openings all meet the specific minimums stated in sections 13-40.1 through 13-40.3 before renting a unit. Operators also confirm that sleeping rooms are not used as the sole passageway to other habitable spaces, and that any below-grade habitable space qualifies as a basement under the grade-level rules of section 13-40.2.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Elmira have a right to occupy dwelling units that meet the habitable-space standards of § 8-354, including adequate ceiling height, room size, natural light, and ventilation. If a unit appears to fall short of these requirements—for example, a room that seems too small, too dark, or poorly ventilated—tenants can document the conditions and file a complaint with the local code enforcement authority responsible for administering Elmira's housing code. Tenant-rights organizations can also help residents understand how a violation of sections 13-40.1 through 13-40.5 might be raised in response to an eviction or other 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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

Elmira Code § 8-359
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-403
Elmira Code § 8-426
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-359

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Source Information