Fulton, N.Y., Code of Ordinances ch. 475 § 475-16
Habitable space
Operative Text
A. Size. (1) All habitable space shall have the minimum ceiling height required by the applicable building code at the time of construction or change of occupancy, except that for habitable space under a sloping roof, the minimum height in at least 50% of the floor area shall be seven feet, and the area where the ceiling height is less than five feet shall not be considered in computing required floor area. (2) Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of 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 1/2 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 habitable room, shall be separately lighted and ventilated as required for habitable space. (3) Every bedroom shall have a minimum floor area of 80 square feet with a minimum horizontal dimension of eight feet. B. Basement and cellars. (1) Rooms providing facilities for recreation and which may also have facilities for incidental food preparation may be located in a cellar or a basement. (2) Basements may be used as habitable space if the basement complies with all of the requirements for habitable space. (3) Cellars may be used as habitable space, provided that the cellar complies with all the following requirements: (a) The grade adjoining one exterior wall for the entire width of the habitable space is at or lower than the floor level of the habitable space. (b) The depth is not more than four times the height. (c) Walls of cellars shall be constructed to prevent condensation forming thereon when the relative humidity in the habitable area is 35%. (d) Such space conforms to all other requirements for habitable space. C. Light and ventilation. (1) Habitable space, except kitchens, shall be provided with natural light through one or more windows, skylights, transparent or translucent panels or any combinations thereof that face directly on legal spaces at least six inches above the adjoining finished grade or are above a roof. The amount of light required for each room 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 electric 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) All window sash shall be glazed and provided with suitable hardware for locking and keeping the window in an open position. (5) Kitchens and bathrooms also may be provided with mechanical ventilation in lieu of or in addition to natural ventilation. (6) Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's recommendations, so as not to deposit lint on adjacent properties. 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 and boarding units shall be separated from each other and from other spaces outside the lodging units. (4) A communal kitchen, bathroom or dining room in a lodging house shall be accessible to the occupants sharing such kitchen, bathroom or dining room without going through a dwelling unit or lodging unit of another occupant.
Fulton, N.Y., Code of Ordinances ch. 475 § 475-16 establishes the physical standards that a space must meet to qualify as "habitable" in Fulton, New York. These standards cover minimum ceiling heights, floor area dimensions (including an 80-square-foot minimum for bedrooms), rules for alcoves, conditions under which basements and cellars may be used as living space, and requirements for natural light, natural ventilation, electric lighting, and window hardware. The provision also sets separation and privacy requirements between dwelling units, sleeping rooms, and lodging units, and specifies that shared kitchen, bathroom, or dining facilities in a lodging house must be reachable without passing through another occupant's private unit.
Plain English — not legal advice.
Operators of residential rental properties in Fulton should ensure that every space offered as habitable under ch. 475 § 475-16 meets the ceiling-height, floor-area, light, and ventilation thresholds spelled out in the provision before renting or changing occupancy. Compliant operators typically verify that bedrooms meet the 80-square-foot minimum with an eight-foot horizontal dimension, that windows provide at least 8% of floor area in clear-glass equivalent for light and at least 4% of floor area in operable ventilation openings, and that all window sash are glazed and fitted with locking hardware. Landlords using basement or cellar space as habitable area should confirm that each specific condition in § 475-16(B) is satisfied, and that clothes dryer venting is independent and directed away from adjacent properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Fulton can look to ch. 475 § 475-16 to understand the baseline physical conditions their living space is required to meet, including adequate ceiling height, natural light, operable ventilation, electric lighting, and proper separation from neighboring units. If a rented space appears to fall short of these standards—for example, a bedroom smaller than 80 square feet, windows that cannot be opened or locked, or a cellar that does not meet the conditions in § 475-16(B)—tenants may consider documenting the conditions and raising the issue with the appropriate local code-enforcement authority in Fulton. Tenant-rights organizations can help explain what options are generally available, such as filing a complaint or raising a code violation 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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