What are the rules for defining a room as a legal bedroom? I’ve come across online listings that seem to consider a tiny room or one with no windows as a bedroom.

As a baseline answer, if a room is extremely small (e.g. feels like a closet) and/or does not have a window, then in most cases, it will not be considered a legal bedroom.  However, to provide more info on the specifics, we’ll refer to the NYC Building Code, which states that a legal bedroom requires the following ‘minimum’ characteristics:

  • Square Feet: 80
  • Length / Width: 8 feet (for each dimension)
    • Exception – For 3+ bedroom units, half of the bedrooms can have 7 feet minimum length or width
  • Ceiling Height: 8 feet
    • Exception – If located in a basement, 7 feet minimum ceiling height
  • Number of Windows: At least 1 opening to the street, backyard/court, or side of the building, on the same lot
    • Exception – Skylights may be considered as window substitutes in certain zoning situations
  • Means of Egress (Exits): 2
    • Typically at least a door and a window, with the ability to operate both internally without any keys or devices
  • Note: Cannot act as the only way to access another room (i.e. have to walk through this room to get to another)

Please note that each situation is different and may require further examination of the true nature of a room before an accurate determination can be made.

Regarding the issue of apartment listings stating the correct number of bedrooms, this is something that requires regular attention to detail, reviewing both the floor plan (if one is available) and potentially the unit description, which may point out that a room has been converted or is more of a home office rather than a true bedroom.

If you need assistance with reviewing a particular listing, feel free to reach out to our team with a link to the apartment and we’ll take a look and give you our best assessment.  Of course, you can also contact the broker or landlord marketing the property and request more info about the space.

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