Schenectady, N.Y., Code of Ordinances ch. 167 § 167-22
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 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 shall be separately lighted and ventilated as required for habitable space. B. Location in respect to grade level. Floor level of habitable space shall be not more than four feet below the average adjoining grade. Where a building is situated on a sloping site and the conditions of grade are such that a portion of a story or stories below the highest curb level meets the light and ventilation requirements for habitable space, such portions may be occupied as habitable space. The grade adjoining the habitable spaces which are partially below ground shall be at a level so that such spaces conform to the definition of a basement. C. Light and ventilation. (1) Habitable space shall be provided with natural light through one or more windows, skylights, 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 are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to at least 8% 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 directly adjoining finished grade or above a roof or through openable parts of skylights. Such openable parts shall have a total clear ventilation area equal to not less than 4% of the total floor area of habitable space. (4) Habitable space may be provided with mechanical ventilation in addition to natural ventilation, but may not be substituted for natural ventilation in sleeping rooms. D. Open space. (1) Open space shall be of sufficient size to permit adequate natural light and ventilation of habitable space. (2) Windows, panels and openings required to provide natural light or ventilation shall face directly on open space conforming to the following: (a) Where such open space is between two facing walls and the vertical dimension of the lower wall is 30 feet or less, the horizontal dimension between walls shall be at least five feet. For each foot that the vertical dimension of the lower wall exceeds 30 feet, the horizontal dimension between walls above the 30 foot level shall be increased by at least two inches. Vertical dimensions shall be measured from the floor level of the story containing required windows, panels or openings to the top of the lower wall. Horizontal dimensions shall be measured, at the same floor level, from the wall containing such windows, panels or openings to the facing wall. (b) Where such opening space is bounded on three sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension from the open end of the open space to the wall opposite shall not exceed four times the horizontal dimension between the facing walls. (c) Where such open space is bounded on four sides by walls, in addition to the requirements of Subsection D(2)(a) , the horizontal dimension between any two facing walls shall not exceed two times the horizontal dimension between the other two facing walls. E. 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 room to provide privacy. (3) Lodging units and dormitory units shall be designed to provide privacy for the occupants thereof and shall be separated from other spaces outside such 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 167-22 of Schenectady's Code of Ordinances establishes minimum physical standards for habitable space in residential buildings, covering dimensions, location relative to ground level, natural light, ventilation, open space, and privacy. Ceilings must reach at least seven feet six inches over half the floor area, individual rooms must meet specific square-footage thresholds, and windows or skylights must supply natural light equivalent to at least 8% of a room's floor area. The provision also sets rules for how spaces like alcoves are counted, how far below grade a habitable floor may sit, and how dwelling and sleeping units must be separated to ensure occupant privacy.
Plain English — not legal advice.
Operators of residential properties in Schenectady should ensure that every habitable room complies with the ceiling height, floor area, and horizontal dimension requirements set out in § 167-22, including the 150-square-foot minimum for at least one room and the 60-square-foot minimum for kitchens. Compliant buildings generally feature windows or skylights with clear-glass-equivalent area of at least 8% of each habitable room's floor area, plus openable ventilation openings totaling at least 4% of that area—with mechanical ventilation permitted as a supplement but not a substitute in sleeping rooms. Landlords managing below-grade or partially subterranean units should verify that those spaces meet the grade-level and basement-definition requirements of § 167-22(B) before renting them as habitable space.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 167-22, tenants in Schenectady have a right to live in spaces that meet minimum size, light, ventilation, and privacy standards—meaning a landlord cannot lawfully rent a room that falls short of the ceiling height, square footage, or natural-light thresholds the provision establishes. If a unit appears to violate these standards—for example, a basement apartment that sits too far below grade or a room with inadequate windows—tenants can document the conditions and consider filing a complaint with the local code enforcement office, which has authority to inspect and cite violations. Tenant-rights organizations in the Schenectady area can help residents understand how § 167-22 applies to their housing conditions and what remedies may be 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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