Legal bedroom in NJ?

Legal bedroom in NJ?

Steve SchulmanBusiness Member
Real Estate Agent · Jersey City, NJ · Member since 2019 · 72 posts · 49 votes

Hey everyone. Pretty straight forward question here. If I were to put a bedroom closet in the hallway— would the bedroom no longer be considered a ‘legal’ bedroom?

I have a three bedroom unit and the third bedroom is pretty small (about 7'x10'). So, I was considering putting the closet in the hallway, to avoid making the room any smaller, but only if it doesn’t obstruct the legality of the bedroom and my ability to market it as one.

I've always assumed a bedroom needed a window & closet inside, but my architect told me there is no legal definition. Does anyone have any input here or know where I can look to confirm this? Thanks in advance.

Steve

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Real Estate Agent · Cranford, NJ · Member since 2011 · 149 posts · 54 votes
6y

This question has perplexed many for years and always gets a mix of answers.  And depending on who you ask you will get resounding answers that they are sure are correct (agents, inspectors, appraisers, lawyers, friend of a friend a friend who knows the mayor, etc, etc).  First, local building codes may have their own requirements that are more stringent so that's where you need to go, and that's who you should verify with first. Take five minutes to call the local building dept. and you should get a quick answer.

I can tell you what HUD defines as a bedroom for appraisal purposes, coming directly from the National Association of Realtors and part of the CMA class offered by NJAR (New Jersey Association of Realtors) and when doing a comp analysis, as this:

  1. 90 square ft minimum
  2. Window for emergency exit (local codes dictate size, ie: 5.7 sq ft clear opening)
  3. Natural light and ventilation (ie:window)
  4. Hallway access (direct or tandem such as a railroad style unit)
  5. Closet NOT required
  6. Heat source NOT required (I asked twice, I was shocked!)

Screenshot below from NJAR:

My last thought - what would the average person expect in a bedroom for a comfortable living arrangement?  I would want more than the"legal" definition thats for sure!  Like heat and some form of storage.  It's surprising how many homes or apartment listings call a room a bedroom that the average person would not be comfortable with, but can fall under the legal requirements.

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  • Real Estate Agent · PA · Member since 2018 · 7 posts · 1 vote
    6y

    Based on my understanding, lack of a closet doesn't prevent a room from being a legal bedroom anywhere in NJ. This isnt a state issue though. You would need to refer to the municipal code to verify the requirements. The code is usually available on eCode360 and/or the town's website. 

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    6y

    @Steven Schulman

    I believe it will still be considered a bedroom. But you won't be able to rent it out to section 8 tenants without there being a closet there from my understanding. Have you tried the cut a closet from the bedroom and into the adjoining room?it makes the adjoining room a bit smaller but you don't shrink the space of the subject bedroom. Perhaps the joining bedroom can give up enough space for closet.

  • Rental Property Investor · Member since 2019 · 75 posts · 54 votes
    6y

    hey! from an advertising/realtor PoV, it needs a closet to be a bedroom. UNLESS The age is old enough where they didnt really have closet, usually very early 1900s or earlier. But in todays market, I would see if there is another way to work the closet into the room

  • Dayton, NJ · Member since 2017 · 17 posts · 16 votes
    6y

    You can call anything above ground level a bedroom if you want. Some municipalities have requirements about egress - window has to be a certain square footage, for example. But I had a client who asked me to rent his second floor unit. He had three bedrooms, none of which had a traditional closet (one had a half-closet that was under the stairs to the attic level). I advertised it as a three bedroom anyway - he did actually put wardrobes in 2 of the 3 rooms that had no closets at all. People can make it work if the price is right.

  • Lender · Newark, NJ · Member since 2016 · 695 posts · 252 votes
    6y

    yea i would check local laws, you wouldnt be able to rent as a legal room to government assistant programs.

    You should be able to rent out to others.

  • Real Estate Agent · Cranford, NJ · Member since 2011 · 149 posts · 54 votes
    6y

    This question has perplexed many for years and always gets a mix of answers.  And depending on who you ask you will get resounding answers that they are sure are correct (agents, inspectors, appraisers, lawyers, friend of a friend a friend who knows the mayor, etc, etc).  First, local building codes may have their own requirements that are more stringent so that's where you need to go, and that's who you should verify with first. Take five minutes to call the local building dept. and you should get a quick answer.

    I can tell you what HUD defines as a bedroom for appraisal purposes, coming directly from the National Association of Realtors and part of the CMA class offered by NJAR (New Jersey Association of Realtors) and when doing a comp analysis, as this:

    1. 90 square ft minimum
    2. Window for emergency exit (local codes dictate size, ie: 5.7 sq ft clear opening)
    3. Natural light and ventilation (ie:window)
    4. Hallway access (direct or tandem such as a railroad style unit)
    5. Closet NOT required
    6. Heat source NOT required (I asked twice, I was shocked!)

    Screenshot below from NJAR:

    My last thought - what would the average person expect in a bedroom for a comfortable living arrangement?  I would want more than the"legal" definition thats for sure!  Like heat and some form of storage.  It's surprising how many homes or apartment listings call a room a bedroom that the average person would not be comfortable with, but can fall under the legal requirements.

  • Steve SchulmanBusiness Member
    OP
    Real Estate Agent · Jersey City, NJ · Member since 2019 · 72 posts · 49 votes
    6y

    @Alexis Franklin appreciate this! I will take a look

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  • Steve SchulmanBusiness Member
    OP
    Real Estate Agent · Jersey City, NJ · Member since 2019 · 72 posts · 49 votes
    6y

    @Ibrahim HughesI like where your head's at, as that was originally the plan but it gives the adjoining room a funky setup. Plus, I’d rather only have one extra small room and not drag the second normal size room down with it (two normal size rooms and a really small one instead of one normal size room and two smaller ones if that makes sense). 

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  • Steve SchulmanBusiness Member
    OP
    Real Estate Agent · Jersey City, NJ · Member since 2019 · 72 posts · 49 votes
    6y

    @David Thomas thank you for the thorough response. Good to know! I agree everyone will say this and that-- that's why I figured I'd take this question to BP and see if I can get down to the bottom of this with some facts/backup. Thanks David

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  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    6y

    Based on building codes, the room has to be at least 70 square feet and at least 7 feet wide, which would make the room at least 7'x10' and 7'-6" ceiling height. an Emergency Egress window and a direct line of exit ( a hallway to an exit or leading to stairs to an exit). there are no requirements for closets. 

  • Property Manager · NJ · Member since 2017 · 786 posts · 396 votes
    6y

    @Steve Schulman You have received some solid feedback form other responders here, the one thing I would add is to see what the market says, if the average tenant would expect the bedroom to have a closet or if you need the closet to be able to get maximum value for the unit then I'd add a closet, if its not necessary then you can probably proceed without one

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