Albany, N.Y., Code of Ordinances ch. 231 § 231-13
Prohibited uses
Operative Text
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. B. It shall be prohibited, in lodging houses and rooming houses, to use for dining purposes any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than dining space. C. It shall be prohibited to use any cellar space in a multiple dwelling as habitable space. Cellars in one- and two-family dwellings may be used as habitable space, provided that the cellar complies with all the following requirements: (1) Combustion air shall not be taken from habitable space directly or indirectly. (2) All habitable space in cellars shall be ventilated by mechanical means. The ventilating system shall replace the air in the habitable spaces at least three times per hour. The air supply of said ventilation system shall be from the exterior or may be drawn from the floor above, provided that the floor above is occupied by the same tenancy as the cellar. (3) Walls of cellars shall be constructed to prevent condensation forming thereon when the relative humidity in the habitable area is 35%. (4) All fuel-burning equipment shall be separated from habitable space by a partition having a minimum fire rating of one hour.
Albany, N.Y., Code of Ordinances ch. 231 § 231-13 establishes specific restrictions on how certain spaces within residential buildings may be used. Kitchens, nonhabitable spaces, and public spaces may not be used for sleeping, and in lodging and rooming houses, dining is restricted to appropriately sized and designated areas. Cellar spaces in multiple dwellings are entirely off-limits as habitable space, while cellars in one- and two-family dwellings may qualify as habitable only when they meet a detailed set of ventilation, condensation control, and fire-separation requirements.
Plain English — not legal advice.
Operators of residential properties subject to Albany, N.Y., Code of Ordinances ch. 231 § 231-13 generally ensure that no tenant is housed in a kitchen, cellar of a multiple dwelling, or any nonhabitable or public space. For one- and two-family dwellings where a cellar is used as habitable space, compliant operators typically document that mechanical ventilation achieves the required air-exchange rate, that walls meet the condensation-resistance standard at 35% relative humidity, and that fuel-burning equipment is separated from living areas by a partition with at least a one-hour fire rating. Maintaining records of these conditions can support ongoing compliance with the ordinance's technical requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Albany, N.Y., Code of Ordinances ch. 231 § 231-13, tenants have a right not to be placed in sleeping arrangements within kitchens, nonhabitable spaces, public spaces, or cellar units in multiple dwellings. If a tenant believes their unit does not meet the habitability standards set out in this provision—such as inadequate ventilation in a cellar or missing fire separation—they may consider filing a complaint with the City of Albany's code enforcement office or contacting a local tenant-rights organization for guidance. Tenants may also be able to raise a violation of this provision as a defense in certain housing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.