NYC Occupiable & Habitable Space Defnitions

1202.1 General. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.

HABITABLE SPACE. All rooms and spaces within a dwelling unit in Group R or I-1, including bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms and other similar spaces.

Exception: The following spaces within a dwelling unit shall not be considered habitable spaces:

1. A dining space 55 square feet (5.1 m²) or less located off a living room, foyer or kitchen;

2. A kitchenette;

3. A bathroom or toilet room;

4. A laundry room; and

5. A corridor, passageway, or private hall; and a foyer used as an entrance hall in a dwelling unit: not exceeding 10 percent of the total floor area of the dwelling unit; or not exceeding 20 percent of the floor area of the dwelling unit where every habitable room is at least 20 percent larger than the required minimum room sizes established by the New York City Housing Maintenance Code.

KITCHEN. A room with 80 square feet (7.4 m²) or more of floor area which is intended, arranged, designed or used for cooking or warming of food.

KITCHENETTE. A space with less than 80 square feet (7.4 m²) of floor area which is intended, arranged, designed or used for cooking or warming of food.

OCCUPIABLE SPACE. A room or enclosed space, other than a habitable space, designed for human occupancy or use in which individuals may remain for a period of time for rest, amusement, treatment, education, dining, shopping, employment, labor or other similar purposes.

THERMALLY ISOLATED SUNROOM ADDITION. A one-story addition added to an existing building with a glazed area in excess of 40 percent of the gross area of its exterior walls and roof, with a separation of conditioned spaces, between such addition and a dwelling unit, consisting of existing or new wall(s), doors and/or windows.