Opposite sex sibling not allowed to share room?

[momof2]

I would like to know if it is true that siblings of opposite sex cannot share the room according to NY laws. I have a 9 month old son and 2 years old daughter. Landlord in Westchester Co. is forcing me to take more expensive 3BR apartment because of this. Thanks for your help.

[Aubergine]

No such state law, but the Westchester County Sanitary Code, Chapter 873 of the Local Laws of Westchester, includes minimum space requirements for housing. More restrictive provisions may apply where you live under local city, town, or village codes.

Sec. 873.2421. Maximum density, minimum space, use and location requirements.

1. No person shall occupy or let to be occupied any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the following requirements:

a. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

b. A dwelling unit shall not be occupied by more than one family, plus two occupants unrelated to the family, except for guests or domestic employees.

c. The ceiling height of any habitable room shall be at least 7 1/2 feet; except that in any habitable room under a sloping ceiling at least one half of the floor area shall have a ceiling height of at least 7 1/2 feet, and the floor area of that part of such a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.

d. No space located partially or totally below grade shall be used as a habitable room of a dwelling unit unless:

i. The floor and those portions of the walls below grade are of waterproof and damp-proof construction.

ii. The minimum window area is equal to at least that required in section 873.2417 1. of this article and is located entirely above the grade of the ground adjoining such window area, or, if windows are located wholly or partly below grade, there be constructed a properly drained window well the ground area of which is equal to or greater than the area of the masonry opening for the window, the bottom of which is below the top of the impervious masonry construction under this window, with the minimum horizontal distance at a right angle from any point of the window wall being equal to or greater than the vertical depth of the window well, as measured from the bottom of the masonry opening for the window.

iii. The total openable window area in each room is equal to at least the minimum as required under section 873.2417 2. of this article, except where there are supplied some other devices affording adequate ventilation and humidity control which are approved by the commissioner.

iv. There are no pipes, ducts or other obstructions less than six feet, eight inches from the floor level which interfere with the normal use of the room or area.

e. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 70 square feet of floor space for the first occupant, and at least 50 square feet of floor space for each additional occupant thereof.

f. No dwelling 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.

g. Every dwelling unit shall have at least four square feet of closet space for the personal effects of each permissible occupant: if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.

h. Each dwelling shall have a suitable facility for the safe storage of drugs, household poisons and other hazardous materials.

(Added 2-20-1997)

http://www.westchestergov.com/health/Sanitary%20code.htm

[Landlord's Boy]

In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 70 square feet of floor space for the first occupant, and at least 50 square feet of floor space for each additional occupant thereof.

So if the 2nd BR is only 10x11 then it is only considered fit for one person. I wouldn't want to enforce this code as long as the kids are that young, but if the local gov't found out I might be in trouble. Check with the local building inspector to see if young kids are an acceptable exception to the rules. If so, inform the LL; He'll probably be happy to free up a 3BR for someone else.

[momof2]

Thank you all for your imput, at least I got some great arguments when I will talk to her again.

[Anna]

The MDL defines 'occupant' (for sleeping-room size purposes only) as one adult or one child 12+ or two children between 2-11 years. Children under two don't count at all.

IOW: it is legal to have two kids in one room which is too small for two adults.

The MDL, a state law, applies to NYC and other cities of one million or more, there is another similar state law, the Multiple Residence Law, that probably applies to your apt.

MDL §6. a. Exept in class B dwellings and dormitories, no room shall be occupied for sleeping purposes by more than two adults, considering children of twelve years of age or more as adults and two children between the ages of two and eleven years inclusive as the equivalent of one adult. Children under two years of age need not be considered as occupants. No room shall have sleeping accomodations for more persons than can be accommodated in conformity with the provisions of this subdivision.

[Landlord's Boy]

I never knew that. Thank you, Anna.

However, the MDL states "[a]ny city, town or village may make local laws, ordinances, resolutions or regulations not less restrictive than those provided in this chapterlocal governments to enact more restrictive provisions..." so it's still best to check with the local inspector.