Glens Falls, N.Y., Code of Ordinances ch. 128 § 128-9
Space
Operative Text
A. Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 75 square feet of additional habitable floor area for each additional occupant. B. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age or over and at least 35 square feet of floor area for each occupant under 12 years of age. C. Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than 10% of the required habitable floor area. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of any part of any room where the ceiling height is less than 4 1/2 feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy. D. For the purpose of this section, a person under one year of age shall not be counted as an occupant. E. No cellar space shall be used as a habitable room or dwelling unit. Play or recreation rooms may be located below grade. F. No basement shall be used as a habitable room or dwelling unit unless: (1) The floors and walls are substantially watertight and are insulated against dampness. (2) The total window area, total openable area and ceiling height are in accordance with this code. (3) The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells and accessways.
Section 128-9 of the Glens Falls Code of Ordinances establishes minimum space requirements for dwelling and rooming units. Each dwelling must provide at least 150 square feet of habitable floor area for the first occupant, with 75 additional square feet required per additional occupant, and sleeping rooms must meet specific per-person minimums that vary by age. The provision also sets rules for how floor area is calculated, prohibits cellars from being used as living space, and restricts basement use as habitable space unless specific conditions related to waterproofing, ventilation, and window placement are met. Infants under one year of age are excluded from occupancy counts under this section.
Plain English — not legal advice.
Operators of rental properties in Glens Falls must ensure that each dwelling unit meets the habitable floor area thresholds established in § 128-9, accounting for the number and ages of occupants when determining whether a unit is lawfully occupied. Compliant operators verify that sleeping rooms meet the applicable per-person square footage minimums and that floor area calculations correctly exclude low-ceiling portions and limit closet and hall area credits to no more than 10% of required habitable space. Landlords who rent basement units should confirm that those spaces satisfy all three conditions outlined in § 128-9(F)—watertight construction, code-compliant windows and ceiling height, and window areas that are entirely above exterior grade—before allowing occupancy, and should never permit cellar space to be used as a habitable room or dwelling unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 128-9 of the Glens Falls Code of Ordinances gives occupants a right to a minimum amount of living and sleeping space based on the number and ages of people in the unit. If a unit appears to be overcrowded or a sleeping room seems too small, tenants may consider contacting the Glens Falls code enforcement office to request an inspection, or reaching out to a local tenant-rights organization for guidance on available options. Tenants living in basement or cellar spaces that do not meet the conditions specified in § 128-9(F) may have grounds to raise a housing code violation, and documenting the physical conditions of the space can be a useful step when exploring those options.
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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