Suffern, N.Y., Code of Ordinances ch. 162 (eCode360 ed. 2026) § 162-6
Floor space and cellar occupancy
Operative Text
A. Floor space. (1) Every dwelling unit shall contain at least 100 square feet of floor space for the first occupant thereof and at least 75 additional square feet of floor space for every additional occupant, in addition to the floor area included in water-closet compartments, bathrooms, halls and passageways. (2) Every room occupied by one person for sleeping purposes shall contain at least 70 square feet of floor area, and every room occupied by more than one person for sleeping purposes shall contain at least 50 square feet of floor area for each person occupying said room. (3) Dwelling units shall not be occupied by more occupants than permitted by the following minimum area requirements: Space 1 to 2 Occupants 3 to 5 Occupants (square feet) 6 or More Occupants (square feet) Living room None 120 150 Dining room None 80 100 Kitchen 50 square feet 50 60 (a) The minimum occupancy area required herein shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Subsection A(2) above. B. Access to sleeping rooms. No dwelling unit shall be so located or arranged that access thereto requires passage through a habitable room or another dwelling unit. C. Ceiling height of habitable rooms. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than 7 1/2 feet. The floor area of any part of a room where the ceiling height is less than five feet shall not be considered as part of the required floor area. D. Basement or cellar occupancy. No basement space shall be used as a habitable room or dwelling unit unless: (1) The floor and walls are impervious to leakage of underground and surface runoff water and are well drained and protected against dampness. (2) The total window area in each room is not less than 15% of the floor area of the room as measured between stops and is entirely above the grade of the ground adjoining each window area. (3) The total openable window area of each habitable room is 45% of the required window area. (4) All heating equipment or other equally hazardous equipment is separated from the dwelling unit by a standard partition. (5) Access can be gained to the unit without passage through a furnace room. No cellar space shall be used as a habitable room of a dwelling unit.
Section 162-6 of Suffern's Code of Ordinances establishes minimum floor space requirements for dwelling units based on the number of occupants, sets specific size standards for sleeping rooms, and imposes ceiling height minimums for habitable rooms. It also restricts when basement spaces may be used as habitable rooms or dwelling units, requiring conditions such as waterproofing, adequate window area, and safe access. Cellar spaces are prohibited entirely from use as habitable rooms or dwelling units under this provision.
Plain English — not legal advice.
Under § 162-6, compliant operators ensure that each dwelling unit meets the per-occupant floor space thresholds—starting at 100 square feet for the first occupant and 75 square feet for each additional occupant—and that sleeping rooms meet the applicable minimums of 70 square feet for single occupancy or 50 square feet per person for shared sleeping rooms. Operators managing basement units verify that floors and walls are impervious to moisture, that window areas meet the 15% and 45% openable requirements, and that access does not require passage through a furnace room. No cellar space may be offered or maintained as a habitable room or dwelling unit under any circumstances per this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 162-6 gives occupants of Suffern rental housing the right to live in units that meet minimum space standards tied to the number of people residing there, as well as ceiling height and sleeping room size requirements. Tenants in basement units are entitled to conditions including waterproofed walls and floors, adequate natural light, and safe access that does not pass through a furnace room; cellar spaces cannot lawfully serve as habitable rooms at all. Those who believe their unit falls short of these standards may consider documenting the conditions, contacting the Village of Suffern's code enforcement or housing office, or reaching out to a tenant-rights organization for general information about 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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