Huntington, N.Y., Code of Ordinances ch. 124 (eCode360 ed. 2026) § 124-29
Occupancy limitations
Operative Text
(A) Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. (B) Minimum room widths. (1) A habitable room, other than a kitchen, shall not be less than seven (7) feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet (914 mm) between counterfronts and appliances or counterfronts and walls. (2) Exceptions: (a) Manufactured housing regulated in the Residential Code of New York State shall be permitted to retain room dimensions provided for at time of manufacture. (b) Spaces legally in existence before January 1, 2003, and spaces for which a variance has been legally granted shall be allowed to be occupied. (C) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven (7) feet (2134 mm); except that: (1) In one- and two-family dwellings, beams or girders spaced not less than four (4) feet (1219 mm) on center and projecting not more than six (6) inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six (6) feet eight (8) inches (2033 mm) with not less than six (6) feet four (4) inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven (7) feet (2134 mm) over not less than one-third (1/3) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet (1524 mm) or more shall be included. (4) Manufactured housing regulated in the Residential Code of New York State shall be permitted to retain ceiling heights provided at time of manufacture. (5) Spaces legally in existence before January 1, 2003, and spaces for which a variance has been legally granted shall be allowed to be occupied. (6) Ceiling heights reduced by necessary repairs shall be no lower than six (6) feet eight (8) inches. (D) Bedroom requirements. Every bedroom shall comply with the following requirements: (1) Area for sleeping purposes. Every bedroom occupied by one (1) person shall contain at least seventy (70) square feet (6.5 m 2 ) of floor area, and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet (4.6 m 2 ) of floor area for each occupant thereof. (2) Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two (2) bedrooms. (3) Water closet accessibility. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one (1) water closet and lavatory located in the same story as the bedroom or an adjacent story. Exception: Owner-occupied, one-family dwellings. (4) Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. (5) Other requirements. Bedrooms shall comply with the applicable provisions of this chapter including, but not limited to the light, ventilation, room area, ceiling height, room width, plumbing facilities and water-heating facilities, heating facilities and electrical receptacle requirements of this chapter. (E) Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements as follows: MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET* SPACE 1-2 occupants 3-5 occupants 6 or more occupants Living room 1, 2 No requirements 120 150 Dining room 1, 2 No requirements 80 100 Kitchen 50 50 60 Bedrooms Shall comply with section (D) above * For SI: One square foot = 0.093 mr 2 (1) Sleeping area. The minimum occupancy area set forth above shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section (D) above. (2) Combined spaces. Combined living room and dining room spaces shall comply with the requirements set forth above if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. (F) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: (1) A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet (20.4 m 2 ). A unit occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet (29.7 m 2 ). These required areas shall be exclusive of the areas required by sections (2) and (3). (2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches (762 mm) in front. Light and ventilation conforming to this chapter shall be provided. (3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (4) There shall be a maximum of three (3) occupants. (G) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Huntington, N.Y., Code of Ordinances ch. 124 § 124-29 establishes minimum physical standards for how dwelling units and their rooms must be arranged and sized. Habitable rooms must meet minimum width and ceiling height thresholds, bedrooms must provide sufficient floor area per occupant and cannot be used as the sole passageway to other living spaces, and overall units cannot be occupied by more people than the space's square footage allows. Efficiency units are permitted under specific size and facility conditions, and certain pre-2003 spaces or those with granted variances are exempt from some dimensional requirements.
Plain English — not legal advice.
Operators of residential properties in Huntington should ensure that every unit covered by ch. 124 § 124-29 meets the dimensional minimums outlined in the provision — including the seven-foot minimum room width and ceiling height, per-occupant bedroom area calculations, and the square-footage thresholds for living, dining, and kitchen spaces based on the number of occupants. Compliant operators generally document the legal status of any pre-2003 spaces or variance-approved spaces that fall below current standards, and they avoid renting kitchens or non-habitable spaces for sleeping purposes. Efficiency units must be configured to meet the specific floor area, kitchen facility, and bathroom requirements set out in section (F) before being offered for occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 124 § 124-29, tenants in Huntington have a right to occupy dwelling units that meet minimum size, ceiling height, and privacy standards, and bedrooms must provide adequate square footage for the number of people sleeping in them. If a unit appears to fall short of these standards — for example, a bedroom that is too small for its occupants or a kitchen being used as a sleeping space — tenants may raise a violation of this provision when communicating with their landlord or when engaging with local code enforcement authorities. Tenant-rights organizations familiar with Huntington's housing code can help residents understand whether a specific condition may constitute a violation and what general complaint or enforcement paths are available.
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.
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