Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-68
Occupancy limitations; accessibility and use limitations
Operative Text
A. Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. B. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. C. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. D. Prohibited occupancy. Kitchens, nonhabitable spaces and cellars shall not be used for sleeping purposes. E. (Reserved) F. (Reserved) G. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. It shall be prohibited to prepare meals in hotel units, lodging units and dormitory units which have no kitchens or kitchenettes. H. Habitable space located partially below grade shall conform to the definition of a basement, with the floor level of such space not more than four feet below the average finished grade or as otherwise permitted in the current Building Code.
Section 151-68 of Amherst, N.Y., Code of Ordinances ch. 151 establishes a set of physical and functional standards for residential and lodging spaces. It requires that living units be arranged to protect occupant privacy, that bedrooms not serve as the sole passageway to other habitable rooms, and that each bedroom have access to a toilet and sink without passing through another bedroom. The provision also prohibits using kitchens, non-habitable spaces, or cellars as sleeping areas, sets sanitary requirements for food preparation spaces, and limits how far below grade a habitable space may extend.
Plain English — not legal advice.
Operators of residential and lodging properties in Amherst should ensure that their units are configured in compliance with § 151-68 before renting or continuing to rent them. In practice, this means verifying that no bedroom serves as a corridor to another habitable room, that each bedroom has a code-compliant path to a toilet and lavatory, and that no tenant is housed in a cellar, kitchen, or other non-habitable space. Owners of hotel, lodging, or dormitory units without kitchens or kitchenettes should also confirm that meal preparation is not occurring in those spaces, and that any partially below-grade habitable space meets the four-foot grade differential limit set out in § 151-68(H).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Amherst rental housing have a right to accommodations that meet the occupancy and accessibility standards established under § 151-68. If a bedroom can only be reached by walking through another bedroom, if a sleeping space is located in a cellar or kitchen, or if a habitable space sits more than four feet below the average finished grade without meeting the basement definition, those conditions may constitute code violations. Tenants who believe their unit does not conform to § 151-68 can document the conditions, raise the issue with their landlord in writing, or contact the relevant Amherst code enforcement office; tenant-rights organizations can also help explain available options.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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