Second 'bedroom' has a vent but no window—can I ask for a rent abatement or break the lease?
#1

Signed a 12-month lease for a two-bedroom in Astoria a couple weeks ago. The listing, floor plan, and broker all said '2BR/1BA.' On move-in, the second bedroom turns out to be an interior room off the living room: no window, no exterior opening, just a door, a closet, a smoke detector, and a small vent in the wall. When I emailed the management company, they told me it's a legal bedroom because it has ventilation and a door, and that older buildings get certain exceptions. I've rented in prewar buildings before, and that doesn't sound right to me.

I'm trying to figure out:

  • Does a legal bedroom in NYC require a window or exterior opening? If not, what are the minimum requirements?
  • If it isn't legal, what are my realistic options: break the lease, get a rent abatement, file an HPD complaint, or something else?
  • Is there a city database where I can confirm what the unit is legally filed as?

I have screenshots of the listing and the floor plan, plus the broker text saying 'true 2BR.' I don't want to go nuclear immediately, but I'm paying for a second bedroom that may not be legal. If you've dealt with a windowless 'bedroom' or a misrepresented legal room count, I'd appreciate any guidance. I'd especially like to know whether withholding rent is a terrible idea or a legitimate tool here.

#2

Vent isn't a window, and a door + closet doesn't make a bedroom. The city requires a window or exterior opening for light and air, plus minimum size. Some older buildings may have rooms that don't meet current code but were legal as noncomplying? But that's not the same as marketing it as a true 2BR. If the certificate of occupancy says 1BR, they misrepresented it.

Don't just stop paying rent. That'll get you a nonpayment case before anyone checks the bedroom. First step: look up the building on DOB BIS to see the C of O. Ask management in writing what the unit is filed as. Then if it's not legal, you can push for a rent reduction or a lease break, maybe HPD complaint. Keep the listing screenshots. I've seen people get a rent abatement after HPD writes a violation, but it takes time.

#3

Oh wow, I thought any room with a closet and door counted as a bedroom. I'm in Dyker but I've been looking in Astoria and there are so many '2BR' apartments where the second room is basically a windowless box. I almost put a good-faith deposit on one. So a vent is not enough? What about those little high windows that open into another room or the hallway? Is there a way to check before signing without paying for an architect? This is super helpful because I'm about to sign sight unseen after a video tour. Thank you.

#4

DykerNewbie, you were smart to ask before sending a deposit. For a legal bedroom in NYC, the room generally needs to be at least 80 square feet, with a minimum dimension of 8 feet, and it must have a window or exterior opening that provides natural light and ventilation. The required window area is usually a percentage of the floor area. A mechanical vent doesn't satisfy that. A closet and a door are not on the list.

A little high window that opens into another room or hallway does not count as natural light/ventilation from the outside. In practice, those are just interior windows. If the room is below grade, you also need an egress window large enough for a person to escape, not a tiny hopper.

Before signing, go to the DOB's Building Information System, look up the address, and check the certificate of occupancy. See whether the unit is filed as a 1BR, 2BR, or something else. Ask the broker in writing whether the second bedroom meets the legal requirements and what the C of O says. If they won't answer clearly, treat that as a red flag. Also check HPD's online complaint history for the building. I wish I'd done that.

#5

Seconding the C of O check. My cousin had a similar fight in Harlem: not a windowless room, but a 'bedroom' with a louvered door to the living room and no exterior window. The management kept saying it was fine. HPD inspector came out and wrote it as a violation for light/ventilation. The landlord then offered to transfer him to another unit or let him out with no penalty. He didn't get any money back for the months he already paid, though, because he'd been sleeping there.

For astoria_arch, I'd send a polite email asking them to confirm in writing the legal bedroom count and the C of O for the apartment. If you say 'I just want to make sure it's filed as a true 2BR,' they sometimes back off fast. If they won't confirm, that tells you a lot. Don't withhold rent without talking to a tenant attorney or at least getting HPD involved.

#6

Not to hijack, but this is making me a little nervous. My first apartment in the city is also a '2BR,' and my room is the interior one. It does have a window, but it only opens a few inches and faces an air shaft. Does that still count? I didn't check anything before signing, and my broker also said 'true 2BR.' What should I do first? Do I call 311 or just email the landlord? Also if the listing was false, could I get my broker fee back? Sorry for the all the questions, I genuinely didn't know this was a thing.

#7

Firstwinter, a window facing an air shaft can count for light and ventilation if it opens to the outside, even if it only opens a few inches. A fire escape/egress window is different from a bedroom window. So you might be okay. If the air shaft is basically an enclosed chimney and the window opens into it, that can be a gray area. The no-window interior room is much more clearly not a legal bedroom.

Astoria_arch, I wouldn't withhold rent right away. File an HPD complaint online for inadequate light/ventilation, and ask DOB for the C of O. If the unit is filed as a 1BR, you can argue you were overpaying for a nonexistent second bedroom. That might be a small claims case for the difference in value, but you should talk to a tenant attorney or a housing counselor first. NYC has free legal help if you qualify. Keep us updated.