Great Neck, N.Y., Code of Ordinances ch. 321 (eCode360 ed. 2026) § 321-9
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. 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 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 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 combinations thereof, that face directly on legal open spaces at least six inches above the adjoining finished grade or that are above a roof. (2) Habitable space shall be provided with artificial light. (3) Habitable space shall be provided with natural ventilation through openable 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 openable parts of skylights, providing total clear ventilation area equal to not less than 5% 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. E. Attics. An attic may be converted to habitable space if the conversion satisfies all relevant requirements of the NYS Residential Building Code, as in effect at the time of the application.
Great Neck, N.Y., Code of Ordinances ch. 321 § 321-9 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 separation of sleeping rooms and dwelling units from one another. Basements with limited window placement and excessive depth relative to ceiling height are excluded from habitable classification, and attic conversions must satisfy New York State Residential Building Code requirements in effect at the time of application.
Plain English — not legal advice.
Operators of residential properties in Great Neck should ensure that every space marketed or used as habitable meets the dimensional and environmental thresholds set out in ch. 321 § 321-9, 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 60-square-foot minimum for kitchens. Compliant operators also verify that each habitable space receives natural light and ventilation through qualifying openings facing legal open spaces, with ventilation area equal to at least 5% of the floor area. Dwelling units and sleeping rooms must be physically separated to provide privacy, and any attic conversion project should be reviewed against the NYS Residential Building Code standards referenced in § 321-9(E) before work begins.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Great Neck, N.Y., Code of Ordinances ch. 321 § 321-9, tenants have a right to occupy dwelling units that meet defined minimums for room size, ceiling height, natural light, and ventilation. If a rented space appears to fall short of these standards—for example, a basement unit with windows on only one wall and a depth exceeding four times its clear height—that condition may be relevant to habitability under local code. Tenants who believe their unit does not meet the requirements of § 321-9 may consider documenting the conditions, contacting the Great Neck building or housing code enforcement office, or reaching out to a tenant-rights organization for general guidance on available 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 9, 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