Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-12
Alcoves
Operative Text
Each 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 the 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.
Under Oyster Bay, N.Y., Code of Ordinances ch. 135 § 135-12, small alcoves attached to rooms are treated as extensions of those rooms rather than separate spaces, provided they meet specific dimensional requirements. The opening between an alcove and its adjoining room must be large enough—at least 80% of the partition wall area on the alcove side, and no less than 40 square feet—to ensure the spaces function as one. Larger alcoves that still fall short of full habitable-room size must have their own independent light and ventilation. These rules govern how floor area, light, and ventilation are calculated throughout a dwelling unit.
Plain English — not legal advice.
Property owners and managers operating under ch. 135 § 135-12 generally ensure that any alcove under 60 square feet has a sufficiently wide opening to its adjoining room—meeting both the 80% partition-wall ratio and the 40-square-foot minimum—and that the alcove's depth does not exceed half its width. When calculating light and ventilation compliance for a room, compliant operators include the alcove's floor area in that calculation. For alcoves of 60 square feet or more that do not qualify as full habitable rooms, operators typically provide separate, code-compliant lighting and ventilation for those spaces. Keeping documentation of measurements and compliance with these dimensional standards is a common practice during inspections or permitting.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 135-12 of Oyster Bay's Code of Ordinances establishes minimum standards for how alcoves in a dwelling must be sized, opened, and ventilated, which directly affects the habitability of the space you occupy. If an alcove in your unit appears to lack adequate light, ventilation, or a properly sized opening to the adjoining room, that may indicate a code compliance issue worth noting. Tenants who believe their unit does not meet these standards can document the conditions, contact the local building or housing code enforcement office in Oyster Bay, or reach 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.
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