§ 124.26 MINIMUM SPACE, USE AND LOCATION REQUIREMENTS.
   No person shall occupy or let to another for human 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 thereof, the floor space to be calculated on the basis of total habitable room area. Floor space where the ceiling height is less than six feet eight inches may not be included in calculating 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 100 square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.
   (C)   No multiple-family building or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
   (D)   No cellar space shall be used as a habitable room or dwelling unit.
   (E)   No basement space shall be used as a habitable room or dwelling unit unless:
      (1)   The floor and walls are impervious to leakage of underground and surface run-off water and are insulated against dampness;
      (2)   The total of window area in each room is equal to at least the minimum window area sizes as set forth in the building provisions of this code;
      (3)   Such required minimum window area is located entirely above the grade of the ground adjoining such window area;
      (4)   The total of openable window area in each room is equal to at least the minimum as set forth in the building provisions of this code, except where there is supplied some other device affording adequate ventilation which has the approval of the Comptroller.
   (F)   In every existing dwelling the finished floor and finished ceiling height of every rented or habitable room must be at least six feet and eight inches. No ducts, pipes, electrical ceiling fixtures, shall obstruct the passage in or out of any room or the normal passage about any room. All newly constructed habitable rooms must have a floor to ceiling height as required by the building provisions of this code.
   (G)   The maximum occupancy of any dwelling unit shall not exceed a total number of persons equal to two times the number of its habitable rooms.
   (H)   Except for dwellings used as convents, monasteries, rectories and parish houses or for which a rooming house operating license has been issued by the Village Clerk, no dwelling units shall be occupied by more than one family, as defined in § 124.02, plus domestic servants and gratuitous guests of the family.
(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)