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New York · Through 2026-09-11

N.Y. Multiple Dwelling Law § 31: Size of rooms

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Where this section sits in the code
  1. Multiple Dwelling Law
  2. Article 3. Multiple Dwellings--general Provisions
  3. Title 1. Light and Air

§ 31. Size of rooms. 1. The provisions of this section, except

subdivision six, shall apply only to multiple dwellings erected after

April eighteenth, nineteen hundred twenty-nine, and shall apply to all

such dwellings unless otherwise expressly limited.

2. Except as in this section and in section thirty-three otherwise

expressly provided, rooms, except kitchens, water-closet compartments

and bathrooms, shall meet the following minimum requirements as to size:

a. In each apartment in a class A multiple dwelling there shall be at

least one living room containing at least one hundred thirty-two square

feet of floor area.

b. Every living room, except as provided in paragraph e, shall contain

at least eighty square feet of floor space.

c. Every room shall be at least eight feet high, the measurements to

be taken from the finished floor to the finished underside of the

ceiling beams except that as many as four beams crossing the ceiling of

any basement room may be disregarded if none of them exceeds twelve

inches in width or extends below the ceiling more than six inches.

d. Every living room shall be at least eight feet in its least

horizontal dimension, except as provided in paragraph e and except that

any number of bedrooms up to one-half of the total number in any

apartment containing three or more bedrooms may have a least horizontal

dimension of seven feet or more.

e. A one-room apartment in a class B multiple dwelling may be as small

as sixty square feet in its floor area and six feet in its least

dimension.

3. The requirements of this section with respect to the least

horizontal dimension and the minimum area of rooms shall not be

applicable to any room in a fireproof class B multiple dwelling occupied

as a lodging house in which every apartment, other than one apartment

occupied exclusively by a person or persons engaged in the maintenance

or supervision of such multiple dwelling, consists of one room and in

which every such room opens directly upon a public hall.

4. Dining bays with a floor area of fifty-five square feet or less

shall not be considered as rooms or alcoves and shall not be required to

comply with the provisions of section thirty-two. Every such dining bay

shall be equipped with such appropriate permanent fittings as may be

required by the department and shall be provided with at least one

window opening directly upon a street or upon a lawful yard, court or

space above a setback. Such window shall have an area of at least

one-eighth of the floor area of such dining bay.

5. A portion of any apartment used as an entrance hall to such

apartment may be designated as a foyer. Such a foyer shall not be

considered a room if the department shall so permit and if either

a. Its floor area does not exceed ten per centum of the total floor

area of such apartment, or

b. Every room in such apartment exceeds in area the minimum required

area of such room by more than twenty per centum and the floor area of

such foyer does not exceed twenty per centum of the floor area of such

apartment.

6. a. Exept in class B dwellings and dormitories, no room shall be

occupied for sleeping purposes by more than two adults, considering

children of twelve years of age or more as adults and two children

between the ages of two and eleven years inclusive as the equivalent of

one adult. Children under two years of age need not be considered as

occupants. No room shall have sleeping accomodations for more persons

than can be accommodated in conformity with the provisions of this

subdivision.

b. Every room in every dwelling, whenever erected, shall have at least

four hundred cubic feet of air for each adult, and two hundred cubic

feet of air for each child occupying such room. Except in class B

dwellings, dormitories and except as otherwise provided in subdivision

two of section thirty-one or in section thirty-four for dwellings

erected after April eighteenth, nineteen hundred twenty-nine, and in

sections one hundred seventy-four, two hundred fourteen and two hundred

sixteen, every living room shall (1) contain sixty square feet or more

of floor space, (2) be at least six feet wide at its narrowest part, (3)

if a sleeping room, contain seventy-five square feet or more of floor

space and (4) if less than seventy-five square feet in floor area, shall

not be occupied by more than one adult.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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