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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Hot water
At least 130° F. at required fixtures
Heat
Average 70° F. in habitable rooms below 55° F. outside
Minimum floor area
150 square feet first occupant, 100 each additional
Smoke alarm
At least one adjacent to sleeping spaces in rented units
Kerosene heaters
Prohibited in the City of Troy
Enforcer
Director of Code Enforcement

Summary

In the City of Troy, New York, no owner can let a dwelling unit that lacks hot and cold running water, water heating to at least 130 degrees F, and heating that holds an average of 70 degrees F in habitable rooms when the outside temperature falls below 55 degrees F. The Director of Code Enforcement enforces Chapter 176.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: ... All sinks, lavatory and kitchen, bathtubs and showers shall be supplied with hot and cold running water. G. Water-heating facilities. Every dwelling unit shall be supplied with water-heating facilities, ... at a temperature of not less than 130° F. at any time needed. H. Heating facilities. Every dwelling or multifamily dwelling shall have heating facilities, ... The owner shall maintain a minimum average room temperature of 70° F. in all habitable rooms including bathrooms and toilet rooms, when rented, when the outside temperature falls below 55° F.

Full Breakdown

Chapter 176 of the Troy City Code, the Minimum Housing Standards Code, bars any person from occupying as owner-occupant, or letting to another, a dwelling unit that fails its requirements. Section 176-20 sets the basic facilities: a water closet in a private room, a lavatory sink in the same room, a bathtub or shower in a room that affords privacy, and a kitchen sink apart from the lavatory sink. All sinks, bathtubs and showers must be supplied with hot and cold running water, and every unit needs water-heating facilities able to deliver water at not less than 130° F. at every required fixture.

Heat is the most specific seasonal duty. The owner of the heating facilities must see that they are safely maintained and capable of heating all habitable rooms, bathrooms and toilet rooms to at least an average of 70° F. with an outside temperature of 10° below zero. The owner must maintain a minimum average room temperature of 70° F. in rented habitable rooms when the outside temperature falls below 55° F. Under § 176-21, portable kerosene heaters are prohibited in the City of Troy, plumbing must be kept free from obstructions, leaks and defects, and an easily accessible gas shutoff valve must be provided ahead of every gas appliance outlet.

Space, light and safety rules follow. Section 176-22 requires 150 square feet of gross floor area for the first occupant and 100 square feet for each additional occupant, at least 70 square feet in a sleeping room used by one occupant, and a clear ceiling height of not less than 7 1/3 feet in habitable rooms. Section 176-23 sets minimum window area at 10% of the floor area of each habitable room. Section 176-25 requires at least one single-station smoke-detecting alarm device adjacent to sleeping spaces within rented dwelling units. From May 1 to October 15, § 176-17 requires screens of not less than 16 mesh per inch on doors and windows used for ventilation, except for units above the fourth floor.

The Director of Code Enforcement enforces all of this and, under § 176-9, can declare a dwelling unfit for human habitation and order it vacated.

Violations & Fines

A violation of Chapter 176 under § 176-12 carries a fine of not more than $1,000 or imprisonment for more than one year, or both, as the code prints it. The Director can declare a noncompliant dwelling unfit for human habitation, post a placard that states the penalty for defacing or removing it, and bar re-letting until written approval is secured. The City can also ask a court to appoint a receiver to collect the rents and correct the violations.

Frequently Asked Questions

What temperature must a Troy landlord maintain?
Under § 176-20(H), the owner must maintain a minimum average room temperature of 70° F. in all rented habitable rooms, including bathrooms and toilet rooms, when the outside temperature falls below 55° F. The heating facilities must also be capable of heating those rooms to an average of at least 70° F. with an outside temperature of 10° below zero.
How hot must the water be in a Troy rental?
Section 176-20(G) requires water-heating facilities capable of delivering water at not less than 130° F. at every required kitchen sink, lavatory sink, bathtub, shower and laundry facility at any time needed. Every sink, bathtub and shower must also be supplied with hot and cold running water under § 176-20(F).
How much space per occupant does the Troy Housing Code require?
Section 176-22 requires a minimum gross floor area of 150 square feet for the first occupant and 100 square feet for each additional occupant, calculated on all habitable rooms. A sleeping room for one occupant needs at least 70 square feet, and a room for more than one needs at least 50 square feet for each occupant.
What can the City do about an uninhabitable rental in Troy?
Under § 176-9, the Director of Code Enforcement can declare a dwelling unfit for human habitation and order it vacated, or condemn it as a dangerous structure under Chapter 141. A placard goes up, the owner receives written notice under § 176-10, and the unit cannot be occupied again until written approval is secured.

Sources & Official References

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