1411.02 HABITABLE FLOOR AREA DEFINED.

   (a)   Every dwelling unit shall contain at least 250 square feet of habitable floor area for the first occupant thereof and at least 150 square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Housing Code.

   (b)   Habitable floor area shall include all of the floor area contained in a dwelling unit except:

      (1)   The floor area contained in any of the following rooms or areas:

         A.   Kitchens

         B.   Bathrooms

         C.   Toilet rooms

         D.   Laundries

         E.   Pantries

         F.   Dressing rooms

         G.   Storage spaces

         H.   Foyers

         I.   Hallways

         J.   Utility rooms

         K.   Heater rooms

         L.   Boiler rooms

         M.   Basement recreation rooms;

      (2)   The floor area contained in a room located on the first floor of a dwelling unit in which any portion of the ceiling height is less than seven (7) feet six (6) inches;

      (3)   The floor area contained in a room located on the second or third floor of a dwelling unit in which the ceiling height is not at least seven (7) feet in height in at least two-thirds (2/3) of the room;

      (4)   Those portions of the floor area contained in any room on any floor that are less seven (7) feet in width;

      (5)   No portion of the habitable floor area on the third floor of a two-family dwelling shall be used to compute compliance with the requirements for minimum habitable floor area for the occupants of a second-floor dwelling unit unless such third floor is part of and contiguous with such dwelling unit and only if they share a common interior doorway, and the occupants of the dwelling unit have exclusive use thereof.

   (c)   All bathrooms and bedrooms shall have doors that properly close and latch shut to provide privacy to the occupants thereof.

   (d)   No dwelling unit, apartment or condominium unit or efficiency unit may be occupied by a number of occupants that exceeds the standards set forth in this section, except:

      (1)   Occupants who are otherwise in compliance with this section, and who become in violation due to the addition of a new family member, may remain in violation without penalty for a period of six (6) months from the date of addition of the new family member, or until the expiration of a written lease (excluding extensions, options or renewals), whichever is longer.

   (e)   A decision of the Director of Building and Housing may be appealed to the Board of Appeals as provided by Section 1409.09.

(Ord. 17-92. Enacted 11-13-17.)