Durham, NC Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Principal room
- At least 120 square feet in every dwelling unit
- Habitable room
- 70 square feet, seven feet in any plan dimension, seven-foot ceiling
- Occupancy
- 150 square feet for first occupant, 100 for each additional
- Minimum heat
- 68°F in habitable rooms, bathrooms and toilets
- Civil penalty
- $300 initial, $300 monthly, $5,000 cumulative cap
- Appeal deadline
- Written notice within ten days after service of order
- Carbon monoxide
- One operable alarm per habitable level where required
Summary
Durham's Housing Code requires every dwelling unit to have a principal room of at least 120 square feet, a private bathroom, habitable rooms of at least 70 square feet with seven-foot ceilings, and 150 square feet of habitable floor area for the first occupant plus 100 for each added occupant. Section 10-234 also demands that every dwelling be kept in good repair and fit for human habitation. Owners who do not live in the unit face a $300 civil penalty plus $300 each month until it complies.
(1) Contents of dwelling unit. Every dwelling unit shall contain the following: a. A principal room of not less than 120 square feet; b. A bathroom that affords privacy and contains a toilet, lavatory and either a tub or shower; c. A habitable room, including all bedrooms, shall not be less than seven feet in any plan dimension, have at least 70 square feet and shall have a clear ceiling height of not less than seven feet. Minimum area and dimension requirements shall not apply to kitchen areas; d. At least 150 square feet of floor area in habitable rooms for the first occupant, at least 100 square feet for each additional occupant. [...] (e) Structure standards. (1) General requirements. a. Good repair and safe condition. Every building and all parts thereof used or occupied as a dwelling shall be kept in good repair, in safe condition and fit for human habitation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Article VI of Durham's Chapter 10 is the Housing Code, and Section 10-234 holds its minimum standards of fitness. Ordinance 16682, adopted June 15, 2026, repealed and reenacted the whole article. It applies to all housing no matter when it was built, altered or repaired, and trailers used as housing are covered too. Each unit needs a principal room of 120 square feet, a private bathroom with a toilet, lavatory and tub or shower, and 20 cubic feet of closet or storage space. Habitable rooms, bedrooms included, must measure seven feet in every plan dimension, hold 70 square feet and have a seven-foot clear ceiling.
Kitchen areas are exempt from those minimum area and dimension rules. Occupancy is capped by floor area: 150 square feet for the first occupant and 100 for each additional one. Kitchens cannot be used for sleeping, and no cellar space can be habitable. Every habitable room needs a window to the outside with glass area of at least eight percent of the floor area, opening freely to at least four percent. A bedroom with fewer than two exits needs an escape window with a clear opening at least 16 inches in the least dimension and 432 square inches, sill no higher than four feet.
Heat must reach 68°F in all habitable rooms, bathrooms and toilets, and portable space heaters cannot be the primary source. Under 10-234(e), roofs must keep out moisture, attics need R-19 insulation, stairways of four or more risers need a handrail, and open-sided surfaces more than 30 inches above grade need guards. Units with a fossil-fuel appliance, fireplace or attached garage need one operable carbon monoxide alarm per habitable level. Common halls and stairs in multifamily buildings need at least three foot-candles of light at floor or tread level.
Exterior doors need locks that work from inside and outside, and interior keyed deadbolts are prohibited on exit doors. Windows and exterior doors need screens unless year-round mechanical ventilation is installed. Floors in laundry, bathroom and kitchen areas must be impervious to water, and no door or window can be boarded up without the administrator's authorization.
Violations & Fines
The housing code administrator inspects, then serves a complaint and holds a hearing between ten and 30 days later. An owner who does not live in the dwelling owes a $300 civil penalty, then $300 each month until the unit complies, capped at $5,000 total and collectible in a civil action after 30 days. Each day of ignoring a repair order is a separate offense. An owner who requests a re-inspection and fails it pays a re-inspection fee, and rent cannot be collected on an imminently dangerous unit.
Frequently Asked Questions
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Sources & Official References
Other rules in Durham
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