N.Y. Comp. Codes R. & Regs. tit. 9 § 1610.4
Current through Register Vol. 46, No. 25, June 18, 2024
Section 1610.4 - Dwelling units(a)General provisions.(1)Every dwelling unit shall consist of the following: (i) An entry, with protection from the elements.(ii) A private bathroom, equipped with a water closet, lavatory, and bathtub with overhead shower. Apartments consisting of four bedrooms and larger shall have an additional compartment equipped with a water closet and lavatory.(vi) Storage facilities as follows: (c) A closet for each bedroom.(d) A broom closet in kitchen.(e) All closets shall have doors.(f) Install the storage space listed below within each dwelling unit, in addition to the closets above, except where there is central storage space or cellars. If such storage space is provided, a separate broom closet may be omitted. Such storage space shall vary, depending upon the size of the apartment, as follows: | No. of bedrooms in apartment | Square foot storage |
| 0 | 20 |
| 1 | 30 |
| 2 | 30 |
| 3 | 30 |
| 4 | 35 |
| 5 | 40 |
| 6 | 45 |
(2) Bedroom and coat closets. Bedroom closets shall be located within each bedroom, have a clear depth of not less than 22 inches, and be two lineal feet minimum in length per person. However, not more than one bedroom closet may be located in a hall, and not more than five feet from the bedroom door. At least one closet, preferably near the apartment entrance, the coat closet, shall have a clear minimum depth of 22 inches and a clear area of approximately eight square feet and shall have a door with a lock.
(3) Linen closets. (i) Linen closets shall be 18 inches deep and of the following widths: in apartments of zero or one bedroom, 24 inches; two or three bedrooms, 30 inches; larger size apartments, 36 inches.(ii) The depth of a linen closet may be increased to 24 inches, providing the equivalent area is maintained.(4) Kitchen. Provide the following equipment and spaces:
(i) Cooking space: 24 inches wide, intended for 20 inches wide gas range if gas is available. Do not locate wall cabinets over ranges. No range shall be located within 24 inches of a window.(ii) Electric refrigerator of nine cubic feet minimum capacity, which shall not be more than 24 1/2 inches wide, or higher than 62 inches. Larger size refrigerators may be used for the larger apartments, if requested.(iii) Two feet eight inches wide space for washing machine (by tenant) adjacent to laundry tub, with plugged tees in hot and cold water lines, and an electric outlet, in apartments with one or more bedrooms.(iv) Sink and laundry tray combination, except that in single family houses and row houses with cellars, provide sink and drainboard in kitchen and washtub in the cellar. Sink and laundry tray combination and sink and drainboard combination shall have work surface adjacent to sink.(v) Provide three feet two inches minimum clear in front of all kitchen fixtures for passage. The kitchen should be so designed that the fixtures do not front on the entry or the living room.(vi) Shelving for wall and base cabinet units, 11 1/2 inches wide, as follows: | 0 bedroom apartment | - 25 square feet |
| 1 " " | - 30 " " |
| 2 " " | - 38 " " |
| 3 " " | - 46 " " |
| 4 " " | - 55 " " |
| 5 " " | - 65 " " |
(5) Special soundproof partitions. Partitions between bathrooms or toilets and living rooms in the same apartment shall be constructed the same as the partition between apartments described below.
(6) Apartment separations. Between all dwelling units, sound reduction of at least 40 decibles at an average frequency of 256 to 1024 cycles per second shall be obtained by the use of suitable construction methods and materials. (See National Bureau of Standards Report #BMS 144 on sound insulation of wall and floor constructions, and subsequent revisions or supplements.)
(7) Exposures. (i) All dwelling units shall have two exposures, except that those designed for one and two person occupancy may have only one exposure.(ii) Each room shall have direct outside exposures from one or more windows. The window areas shall comply with local codes, but shall not be less than 10 per cent and not more than 15 per cent of the floor area in any case. Half of the minimum required window area must be openable. Keep the heads of windows as close to the ceiling as possible.(iii) Interior bathrooms and kitchenettes (cooking spaces less than 59 square feet in floor area) are permitted, if proper mechanical exhaust ventilation is installed.(8) Heating. (i) An early decision should be made as to whether heat is to be provided by individual heating units, group heating, or by central heat, as the type of heating affects not only the design of the dwelling unit but also the site layout.(ii) A system of heating shall be provided which is adequate for the maintenance of a temperature of 70 degrees at knee height in apartments under the most severe winter conditions usually encountered, as established by the local weather bureau reports.(9) Screens or protective devices for windows. The following requirements, unless waived or modified by the commissioner upon request of an authority shall apply to all windows in buildings three stories or more in height. Projected sash windows which are so designed that there is minimum danger of persons falling out do not require special protective devices or screens. Approved devices shall be installed on hoppers, casements and the lower half of double hung windows which would restrict their opening to not more than four and one-half inches.
(10) Miscellaneous. (i) Separate dining rooms are not feasible in low rent housing, but dining space, adequate for the entire family, shall be indicated on the plan. Dining spaces must be so arranged as to have adequate natural light.(ii) Sinks and trays, bathtubs, basins, and slop sinks shall have hot and cold running water. A bathroom or toilet shall be accessible to all bedrooms without entering any other room. It shall not open directly off the kitchen. A medicine cabinet, toilet paper holder, and a wood nailing strip for attachment of tenant's accessories shall be provided.(iii) All rooms and areas in apartments including kitchens, bathrooms, private halls, and foyers shall have wall switches for control of electric lights.(b)Room furnishings.In planning dwelling units the essential test is livability, and this will be the basis for review by the division. Unit plans submitted for review must, therefore, show furniture, radiation, exposed pipes, electric outlets and door swings. Minimum furniture shall be spaced so as to permit adequate circulation space, and shall be of the following approximate sizes:
(1) Bedrooms. Twin beds or double bed, dresser and chair. Child's crib in principal bedroom.
| Double bed | - 4 feet | 9 inches by | 6 feet | 9 inches |
| Twin bed | - 3 " | 6 " " | 6 " | 9 " |
| Child's crib | - 2 " | 4 " " | 4 " | 5 " |
| Dresser | - 1 " | 10 " " | 3 " | 6 " |
| Chair | - 1 " | 6 " " | 1 " | 6 " |
(2) Living room. | A couch or studio couch | - 6 feet | 9 inches by | 3 feet | 0 inches |
| Two easy chairs | - 2 " | 6 " " | 3 " | 0 " | each |
| A desk or table | - 2 " | 0 " " | 3 " | 4 " |
| Console radio or TV set | - 2 " | 8 " " | 2 " | 0 " |
| and other incidental furniture. | |
| Add dresser in living room of zero bedroom apartment. |
(3) Dining spaces. Seating and table space for the maximum number of persons the unit will accommodate, must be provided. The clearance around the dining table shall not be less than as follows:
| Table for | 2 people- | 2 feet | 6 inches by | 2 feet | 6 inches |
| 3 " | 4 " | 2 " | 6 " " | 3 " | 2 " |
| 3 " | 5 " | 3 " | 0 " " | 4 " | 0 " | (seating at one end) |
| 3 " | 6 " | 3 " | 0 " " | 4 " | 0 " | (seating at both ends) |
| 3 " | 6 " | 4 " | 0 " " | 4 " | 0 " | (recommended) |
| 3 " | 7 " | 3 " | 0 " " | 6 " | 0 " | (seating at one end) |
| 3 " | 8 " | 3 " | 0 " " | 6 " | 0 " | (seating at two ends) |
| 3 " | 10 " | 3 " | 0 " " | 8 " | 0 " | (seating at two ends) |
(c)Schedule of room areas.See following table which indicates the minimum net room areas in square feet. These requirements must be adhered to.
Table of Minimum Room Sizes
| Design | No. B.R. | Unit type | L.R. | D.Sp. | Kit. | 1st B.R. | 2nd B.R. | 3rd B.R. | 4th B.R. | 5th B.R. | Con. Rm. Ct. | Rent. Rm. Ct. |
| A | 0 | Comb. Living & Sleeping Rm; Kit.,* Dining Sp.** | 170 | 30 | 45 | - | - | - | - | - | 2 | 21/2 |
| D | 1 | L.R., Kit., Dining Sp.** 1-2 pers. Bed Room | 165 | 30 | 50 | 130 | - | - | - | - | 3 | 31/2 |
| F | 2 | L.R., Kit., Dining Sp.** 2-2 pers. Bed Rooms | 170 | 45 | 55 | 130 | 115 | - | - | - | 4 | 41/2 |
| I | 3 | L.R., Kit., Dining Sp.** 3-2 pers. Bed Rooms | 185 | 65 | 60 | 130 | 115 | 115 | - | - | 5 | 51/2 |
| K | 4 | L.R., Kit., Dining Sp.** 4-2 pers. Bed Rooms | 195 | 75 | 65 | 130 | 115 | 115 | 115 | - | 6 | 61/2 |
| L | 5 | L.R., Kit., Dining Sp.** 5-2 pers. Bed Rooms | 200 | 85 | 70 | 130 | 115 | 115 | 115 | 115 | 7 | 71/2 |
* Omit space for clothes washing machine in A.
** Dining space may be in living room or kitchen.
(d)Room area restrictions.(1) Ceiling heights shall be not less than eight feet zero inches in the clear.(2) All room areas shall be computed to the inside finished surfaces of the enclosing walls and partitions. Areas shall not include offset entrances, columns, or stairs within rooms.(3) In multi-story projects, privacy is to be achieved, except where not practical.(4) No two person bedroom shall be less than eight feet six inches wide.(5) No living room shall be less than 10 feet 6 inches in minimum dimension when the area does not exceed 170 square feet and 11 feet 0 inches for those in excess.(6) Generally, adequate consideration should be given to the provisions of a sufficient number of dwelling units for larger families.(7) Exterior public balconies and/or balcony corridors may be provided in multi-story buildings. To determine room count, balconies which provide outdoor living space adjacent to apartments are to be given two-thirds room count. In calculating gross areas, add 50 per cent of the area of balconies to the gross area of the building.N.Y. Comp. Codes R. & Regs. Tit. 9 § 1610.4