Auburn, N.Y., Code of Ordinances ch. 182 § 182-11
Use restrictions
Operative Text
A. It shall be prohibited to use for sleeping purposes any kitchen or nonhabitable space. Public space shall be permitted to be used for temporary shelter. B. It shall be prohibited to prepare meals in hotel units, lodging units, and dormitory units which have no kitchens or kitchenettes. C. It shall be prohibited to use any cellar space as habitable space. D. It shall be prohibited, in dwelling units, hotel units, lodging units, and dormitory units, to conduct a home occupation as set forth in Subsection D(1) or (2) , as follows: (1) When the utilized floor area is more than 25% of the total floor area of the unit, and in no event more than 500 square feet of floor area. (2) When the home occupation produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects. E. It shall be prohibited to occupy or use for residential purposes the residential part of a mixed-occupancy building, if the nonresidential part of such building is classified for use as a high-hazard occupancy or if the nonresidential use is obnoxious or offensive to residential occupancy or use. F. Dwelling units shall be separate from each other.
Auburn, N.Y., Code of Ordinances ch. 182 § 182-11 establishes a set of use restrictions for residential and lodging spaces. Kitchens, nonhabitable areas, and cellars may not be used as sleeping or living quarters, and meal preparation is prohibited in hotel, lodging, or dormitory units that lack kitchen facilities. Home-based business activity is restricted by floor area and by the types of nuisances it may generate, and residential units in mixed-use buildings cannot be occupied if the nonresidential portion poses hazards or is otherwise incompatible with residential use. Dwelling units must also remain physically separate from one another.
Plain English — not legal advice.
Operators of rental properties subject to Auburn, N.Y., Code of Ordinances ch. 182 § 182-11 generally ensure that no tenant is assigned a kitchen, cellar, or other nonhabitable space as a sleeping area. Compliant managers of hotel, lodging, or dormitory units verify that units without kitchens or kitchenettes are not used for meal preparation, and they monitor home-occupation activity to confirm it stays within the 25%-of-floor-area cap (and never exceeds 500 square feet) and does not generate prohibited nuisances such as offensive noise, smoke, or odors. In mixed-occupancy buildings, responsible operators confirm that the nonresidential classification does not rise to a high-hazard use or otherwise create conditions incompatible with the residential portion before allowing residential occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Auburn, N.Y., Code of Ordinances ch. 182 § 182-11, tenants have a right not to be housed in spaces that the code designates as nonhabitable, such as kitchens or cellars, and residential occupants in mixed-use buildings are protected from being placed in units adjacent to high-hazard or otherwise incompatible nonresidential uses. If a landlord assigns a cellar or kitchen as a sleeping space, or if a mixed-use building's nonresidential activity creates hazardous or offensive conditions, tenants may have grounds to raise a code violation with the appropriate local housing or code enforcement authority in Auburn. Tenant-rights organizations familiar with New York housing law can help residents understand what documentation to gather and what local or state complaint processes may be available.
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
Rules and statutes that cite this regulation