Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-14
Nonhabitable space
Operative Text
A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of seven feet measured from floor to ceiling. B. Toilet rooms and bathrooms. (1) Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy. (2) Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room. (3) Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space and shall be accessible thereto. (4) Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more employees, shall be readily accessible to such employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food. (5) In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material. (6) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend six inches or more above floors except at doors, so that floors can be flushed or washed without leaking. C. Light and ventilation. (1) Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light appropriate for the use of such rooms. (2) Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms. (3) Stairs shall be provided with artificial light to allow safe ascent or descent. (4) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following: (a) Natural ventilation as required for habitable space, except that such openable area shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or (b) Mechanical ventilation exhausting not less than 25 cubic feet per minute for bathrooms and toilet rooms and not less than 100 cubic feet per minute for kitchenettes. (5) Spaces in multiple dwellings which contain central-heat-producing, air-conditioning and other equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building. (6) Ventilation shall be provided in unheated attics, spaces below flat roofs and crawl spaces. The location and net areas of ventilation openings shall be such as to minimize deterioration of structural members from condensation or other causes, in conformity with generally accepted standards.
Section 157-14 of Clarkstown's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential buildings. It sets a seven-foot minimum ceiling height for most nonhabitable areas, requires that bathrooms and toilet rooms meet specific privacy, accessibility, and waterproofing requirements depending on building type, and mandates adequate artificial lighting and ventilation for kitchenettes, bathrooms, laundry rooms, stairways, and mechanical equipment spaces. The provision distinguishes between one- and two-family dwellings and multiple dwellings, applying stricter requirements to larger residential buildings.
Plain English — not legal advice.
Operators of residential properties in Clarkstown must ensure their buildings conform to the structural and environmental standards set out in § 157-14. In multiple dwellings, this means verifying that nonhabitable spaces meet the seven-foot ceiling height requirement, that bathroom floors are fully waterproofed with a six-inch upward extension, and that each bathroom, kitchenette, and mechanical room has code-compliant artificial lighting and ventilation—either natural openings of the specified minimum area or mechanical exhaust systems meeting the stated cubic-feet-per-minute thresholds. Compliant operators also confirm that toilet rooms are accessible from sleeping areas without passing through other sleeping rooms, and that employee toilet facilities are sex-segregated where five or more employees are present.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Clarkstown rental properties are entitled to spaces that meet the habitability and safety standards described in § 157-14, including properly waterproofed bathroom floors, adequate lighting on stairways, and sufficient ventilation in bathrooms and kitchenettes. If a bathroom lacks privacy provisions, has inadequate lighting, or shows signs of moisture damage that may indicate missing waterproofing, these conditions may constitute code violations under this section. Tenants who believe their unit falls short of these standards may consider documenting the conditions, contacting Clarkstown's local code enforcement office, or reaching out to a tenant-rights organization to understand 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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