The information in this blog post was taken from the New York City Administrative Code and from the New York State Multiple Dwelling Law. You may refer to the relevant laws for more information. Our attorneys are not architects and would defer to architects regarding architectural matters.
In New York City, it’s not always obvious whether a room is legally considered a bedroom. Sellers, brokers, and even unit owners may mislabel rooms — either by accident or intentionally — to inflate an apartment’s value. If you are buying, renting, or renovating a unit, knowing the real rules can save you from serious legal and financial trouble.
Here’s what you need to know:
1. A Bedroom Must Be a “Habitable Room”
Under NYC law, only “habitable rooms” can qualify as bedrooms. A habitable room is a residential space where the ordinary functions of life occur — bedrooms, living rooms, kitchens, studies, and similar spaces. Hallways, closets, stairways, bathrooms, and laundry rooms are not habitable rooms.[1]
2. Minimum Size Requirements
A bedroom must meet strict minimum size standards:[2]
- At least 80 square feet of clear floor area.
- At least 8 feet in any horizontal dimension.
- A clear ceiling height of 8 feet for the minimum required area.
Note that some exceptions apply:
- In apartments with three or more bedrooms, up to half the bedrooms can have a minimum width of 7 feet.[3]
- A slightly smaller room (minimum 70 square feet) is permitted if it opens into an adjoining room by at least 60 square feet and meets lighting and ventilation standards.[4]
Takeaway: Buyers viewing units with small “bonus rooms” should measure carefully. Rooms that are too small cannot legally be considered bedrooms — which affects value and usability.
3. Window and Ventilation Requirements
Every legal bedroom must have proper light and air:[5]
- A window opening onto a street, yard, or court on the same lot.
- Window area must be at least 10% of the floor area.
- The openable portion must be at least 5% of the floor area.
- Minimum window opening size: 12 square feet.
Important: No window = no bedroom, legally. This is especially critical when assessing interior rooms marketed as “bedrooms.”
4. Privacy Rules: Bedrooms Must Be Accessible Without Passing Through Another Bedroom
In apartments with three or more rooms, bedrooms must have direct access:
- You must be able to enter a bedroom without walking through another bedroom.[6]
In converted buildings, access to at least one bathroom from any bedroom must be possible without passing through another bedroom.[7]
This protects privacy and is often a challenge in older “railroad” apartment layouts.
5. Bathroom Requirements Within Apartments
Another often-overlooked requirement is that the law mandates that apartments have their own bathroom facilities:
- Every apartment must have a private water-closet compartment (a room containing a toilet), separate from other apartments.
- In many cases, a separate bathroom or bathtub must also be provided.
- These facilities must be properly connected to water supply and drainage systems, and must be accessible from within the apartment.[8]
Takeaway: A bedroom must not only meet its own requirements, but the apartment it belongs to must also meet bathroom standards — otherwise, it could limit future resale, rental, or renovation plans.
6. No Closet Requirement
There is no legal requirement that a bedroom have a closet.
Buyers focused on storage should carefully review the layout — particularly in prewar or loft-style apartments where built-ins are rare.
7. Studios and Living Rooms: Bigger Minimums Apply
Where a living room doubles as a sleeping space — as in studios — it must be larger; at least 132 square feet for the primary living room in a Class A apartment.[9]
This prevents landlords or sellers from marketing extremely tiny spaces as full studios.
Why Bedroom Compliance Matters
- Apartment Valuation:
The legal bedroom count has a direct effect on an apartment’s market value. Overstating the number of legal bedrooms can artificially inflate asking prices and lead to problems during mortgage appraisals or resale. - Renovation Potential:
Owners seeking to install additional bedrooms must comply fully with minimum size, window, ventilation, and access requirements. Otherwise, new rooms may be deemed illegal, reducing the apartment’s value or creating liability risks. - Resale and Re-rental Risk:
If you later resell or rent your unit, marketing a non-compliant room as a bedroom can trigger lawsuits, fines, or rescinded sales. - Compliance Costs:
Bringing an apartment into compliance — for example, enlarging a too-small room or creating proper egress windows — can be costly. Building alterations often require Department of Buildings (DOB) permits and inspections, especially in landmarked properties.
Conclusion: Bedroom Basics for Buyers and Owners
When buying, renting, or renovating in New York City, it’s critical to verify that each bedroom meets the legal definitions — and that the apartment as a whole has compliant bathroom facilities. A bedroom is not just a matter of size — it’s a bundle of legal requirements covering dimensions, windows, privacy, and plumbing.
If you have any questions about whether a space qualifies legally, or if you’re considering renovations to maximize your apartment’s value, consult with a qualified real estate attorney or architect before making a decision.
Sources Cited:
[1] NYC Admin. Code § 27-232 (Definition of “Habitable Room”).
[2] Id. § 27-751; NY CLS Multiple Dwelling Law § 31(2)(b)-(d).
[3] Id.; NYC Admin. Code § 27-751(c).
[4] Id. § 27-751(a).
[5] Id. §§ 27-2058 et seq.
[6] NY CLS Multiple Dwelling Law § 82.
[7] Id. § 179.
[8] Id. § 76.
[9] NY CLS Multiple Dwelling Law § 31(2)(a).