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Clarkstown, NY Rental Property Rules: Repairs & Habitability (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum habitable room
150 sq ft, 10-ft min dimension
Natural light minimum
8% of habitable floor area
Rental inspection cycle
Biennial (every 2 years)
Repair deadline after inspection
10 days
First-offense fine (Ch.157 general)
Up to $2,000 / 3 months
First-offense fine (rental registry)
$4,500-$6,000 or 15 days

Summary

Clarkstown's Housing Standards chapter sets minimum room sizes, light, ventilation and occupancy limits for every rental unit, backs them with biennial rental-registration inspections, and gives the Building Inspector power to order repairs or vacate unsafe units.

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. ... The Building Inspector or his/her authorized agent shall make provisions for the biennial inspection of each residential rental premises which is subject to the provisions of this chapter... Any inspection report issued pursuant to Subsection A of this section which reveals the presence of a violation of this chapter of the Town Code shall be remedied by the owner within 10 days of the issuance of such report.

Full Breakdown

Chapter 157, 'Housing Standards Applicable to Residential Premises,' applies under § 157-3 to residential buildings, one- and two-family dwellings and multiple dwellings, and their accessory structures town-wide. Section 157-12A requires at least one habitable room per dwelling unit of at least 150 square feet with a minimum 10-foot horizontal dimension, a seven-foot-six-inch ceiling height over half the floor area, kitchens of at least 60 square feet, and other habitable rooms of at least 80 square feet. Habitable space must have natural light equivalent to 8% of floor area and natural ventilation of at least 4% of floor area under § 157-12C.

Section 157-10A caps occupancy by room size: one occupant for 80 to under 120 square feet, two occupants for 120 to under 180 square feet, and three occupants for 180 square feet or more, excluding kitchens. Separately, Article IX of Chapter 157 requires every residential rental premises' owner to file a registry application with the Building Department, and § 157-65A directs the Building Inspector to conduct a biennial inspection of each registered rental unit checking compliance with Chapter 157, including smoke and carbon monoxide detectors and fire extinguishers.

Under § 157-65B, any violation found on that inspection report must be corrected within 10 days of issuance, and failure to do so is itself a separate violation of the chapter. Section 157-44C(3) gives the Building Inspector authority to order the vacation of any premises found unfit for human habitation, and § 157-44D lets the Inspector order immediate abatement action where a violation poses an immediate hazard. Rental units may not lawfully be leased without a current registration and inspection approval under § 157-64.

Violations & Fines

General Chapter 157 violations are a Class B misdemeanor punishable by a fine of up to $2,000 and/or up to three months' imprisonment, with each continuing day a separate offense (§ 157-47A). Rental-registration article violations under § 157-68A carry steeper fines of $4,500 to $6,000 for a first offense or up to 15 days' imprisonment, or both. The Town Attorney may also negotiate a civil compromise penalty in lieu of criminal prosecution under § 157-47B. Failure to correct an inspection violation within the 10-day window under § 157-65B is a separate, additional violation.

Frequently Asked Questions

What size must a habitable room be in a Clarkstown rental?
Section 157-12A of the Town Code requires every dwelling unit to have at least one habitable room of 150 square feet with a minimum 10-foot horizontal dimension, plus a ceiling of seven feet six inches over at least half the floor area.
How often does Clarkstown inspect rental units?
The Building Inspector must conduct a biennial inspection, once every two years, of every registered residential rental premises under § 157-65A, checking compliance with the housing standards including smoke and carbon monoxide detector placement.
What happens if my rental fails inspection?
Under § 157-65B, any violation identified in the inspection report must be corrected within 10 days of issuance. Failing to bring the dwelling into conformance within that window is itself a separate violation of Chapter 157, subject to additional penalties.

Sources & Official References

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