Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-10
Habitable space
Operative Text
A. Basements or cellars. The basement or cellar of any building shall be dry and ventilated and shall be kept free from rubbish accumulation and infestation. B. Basement dwelling units. No room in any basement shall be occupied as a habitable room unless: (1) The finished floor surface is not more than four feet below grade. (2) The ceiling is not less than four feet above grade. (3) The floors and walls are waterproof and damp-proof in accordance with an approved method, if in contact with earth. (4) Such waterproofing shall be between the floor or wall finish and the ground. C. Lighting and ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows opening directly to the outside air, and the total area of said window or windows shall not be less than 10% of the floor area of such rooms, provided that such window shall not be less than 10 square feet. All window sash shall be glazed and provided with suitable hardware, and shall be made to open to the extent of not less than 5% of the floor area of such room.
Port Jefferson Code ch. 161 § 161-10 establishes minimum physical conditions for habitable spaces in residential buildings. Basements and cellars must be dry, ventilated, and free of rubbish and infestation. A basement room may only be used as a living space if its floor is no more than four feet below grade, its ceiling is at least four feet above grade, and any earth-contact surfaces are properly waterproofed. Every habitable room must also have operable windows that open directly to outside air, with total window area equal to at least 10% of the floor area (and no less than 10 square feet), and openable to at least 5% of the floor area.
Plain English — not legal advice.
Operators of residential properties in Port Jefferson should ensure that any basement or cellar is routinely kept dry, ventilated, and clear of rubbish and pest activity as required by ch. 161 § 161-10. Before renting any basement room as a dwelling unit, compliant operators verify that the floor-to-grade and ceiling-to-grade measurements meet the four-foot thresholds and that all earth-contact floors and walls have approved waterproofing installed between the finish surface and the ground. For all habitable rooms throughout the building, operators confirm that windows open directly to outside air, meet the 10% floor-area glazing minimum (at least 10 square feet), and are operable to at least 5% of the floor area with proper glazing and hardware in place.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Port Jefferson Code ch. 161 § 161-10, tenants living in basement units or any habitable room have a right to space that meets specific structural and ventilation standards, including proper waterproofing, adequate window area, and operable windows that open to outside air. If a basement unit's floor or ceiling does not meet the grade requirements, or if windows are inadequate or inoperable, these conditions may constitute a code violation that can be reported to the local code enforcement or building department. Tenants who believe their unit falls short of the standards in § 161-10 may also consult a tenant-rights organization to understand the range of options available, including raising habitability conditions as a defense in certain proceedings.
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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