Hornell, N.Y., Code of Ordinances ch. 178 § 178-11
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 it 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 10% 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 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, provided that the total clear ventilation area is 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. (3) Lodging units shall be separated from each other and from other spaces outside the lodging units. (4) A communal 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.
Section 178-11 of Hornell's Code of Ordinances establishes minimum physical standards for habitable space in dwelling units. These standards cover ceiling heights, floor area dimensions, natural and artificial light, ventilation, and the separation of units from one another. Alcoves, basements, and kitchens are each subject to specific rules that determine whether and how their space counts toward habitability requirements.
Plain English — not legal advice.
Under § 178-11, compliant operators ensure that every habitable room meets the minimum ceiling height of seven feet six inches over at least half the floor area, and that the primary habitable room contains at least 150 square feet with a minimum 10-foot horizontal dimension. Kitchens must be at least 60 square feet, and other habitable rooms at least 80 square feet with a seven-foot minimum horizontal dimension. Operators also verify that each habitable space receives adequate natural light—equivalent to clear glass covering 10% of the floor area—and natural ventilation through openings totaling at least 5% of the floor area, while keeping dwelling units properly separated from one another and from common spaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 178-11 gives tenants a basis to identify whether their dwelling meets Hornell's minimum habitability standards, including room sizes, ceiling heights, lighting, and ventilation requirements. If a unit appears to fall short—for example, a basement space with inadequate height or a room lacking sufficient natural light—tenants may consider documenting the conditions and raising the violation with the appropriate local code enforcement authority. Tenant-rights organizations can help residents understand how § 178-11 applies to their housing and what general options exist for addressing potential violations.
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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