Yonkers, NY Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Minimum space
- 150 sq ft + 100/extra occupant
- Sleeping room (1 occupant)
- 70 sq ft minimum
- Sleeping room (shared)
- 50 sq ft per occupant
- Ceiling height
- 7 ft 6 in over half the room
- Cellars
- never habitable
- Pre-1951 units
- exempt until re-rented
Summary
Yonkers City Code § 58-21 bars occupying or renting any dwelling unit that falls short of its space rules: at least 150 square feet for the first occupant plus 100 more per additional occupant, a 70-square-foot minimum for a single sleeper, and a 7-foot-6-inch ceiling over at least half of every habitable room.
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: A. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4745274; v31 updated 2025-10-28; through 10-28-2025).
Full Breakdown
Article IV's Physical Standards set the floor for what counts as a livable Yonkers unit. Every dwelling unit needs at least 150 square feet of total habitable floor space for the first occupant, plus 100 additional square feet for each occupant after that (§ 58-21A). A single-occupant sleeping room needs at least 70 square feet, and a shared sleeping room needs at least 50 square feet per occupant (§ 58-21B). Layouts that force one sleeping room's occupants to pass through another sleeping room, or a bathroom, to reach a hallway are barred (§ 58-21C).
Ceilings need at least 7 feet 6 inches over half the floor area of a habitable room with a sloped ceiling, and any floor area under a 5-foot ceiling doesn't count toward the room's usable space (§ 58-21D). Cellars can never be used as a habitable room or dwelling unit (§ 58-21E), and basements only qualify if the floors and walls are damp-proofed, the windows meet minimum size and sit above grade, ventilation is adequate, and no pipe, duct or obstruction sits lower than 6 feet 8 inches above the floor (§ 58-21F).
Legal nonconforming units built before the 1951 Multiple Residence Law are exempt from most of these rules, but only until the unit is re-rented, at which point the landlord or owner must bring it into full compliance (§ 58-21G).
Violations & Fines
A landlord who lets a unit that misses these space, ceiling-height or basement standards is subject to enforcement under Chapter 58's Article I appeal and inspection process (§ 58-5, § 58-6), and a substandard-space violation is a Class II offense under the City's default penalty in § 1-21: a fine of $100 to $5,000, up to 15 days in jail, or a civil penalty of $250 to $5,000.
Frequently Asked Questions
How small can a Yonkers apartment legally be?
Can a landlord rent out a basement apartment in Yonkers?
Do older Yonkers apartments have to meet these space rules?
Sources & Official References
Other rules in Yonkers
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