East Rochester, N.Y., Code of Ordinances ch. 111 (eCode360 ed. 2026) § 111-3
Definitions
Operative Text
When used in this chapter, the following terms shall have the following respective meanings: DWELLING Any building which is wholly or partly used or intended to be used for use for living or sleeping by human occupants. DWELLING UNIT Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. HABITABLE ROOM A room which is designed or may be used for living, sleeping, eating or cooking. Storerooms, bathrooms, toilets, closets, halls or spaces in attics or basements are not habitable rooms, except as permitted in Regulation 4, entitled "Basement dwelling units," as set forth in § 111-8D . OWNER The owner of record or any other person, persons, firm, corporation or entity in actual possession of or otherwise having charge, care or control of any property within the Town/Village, including, but not limited to, executor, administrator, trustee, guardian, heir, distributee or agent. ROOMING UNIT Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Section 111-3 of East Rochester's Code of Ordinances Chapter 111 establishes the foundational vocabulary used throughout the chapter's housing regulations. It draws distinctions between a 'dwelling' (any building used for human living or sleeping), a 'dwelling unit' (a self-contained space with facilities for living, sleeping, cooking, and eating), a 'habitable room' (a space designed for living, sleeping, eating, or cooking, excluding bathrooms, closets, halls, and most attic or basement spaces), an 'owner' (broadly defined to include anyone with control or care of a property), and a 'rooming unit' (a living and sleeping space without cooking or eating facilities). These definitions set the interpretive boundaries for all other requirements in the chapter.
Plain English — not legal advice.
Property owners and managers subject to East Rochester Code ch. 111 § 111-3 should be familiar with how the ordinance classifies the spaces within their buildings, since the definitions of 'dwelling unit,' 'habitable room,' and 'rooming unit' determine which regulatory requirements apply to each space. Compliant operators generally ensure that spaces marketed or rented as dwelling units include the full range of facilities—living, sleeping, cooking, and eating—while rooming units are understood to exclude cooking and eating facilities. The broad definition of 'owner' in § 111-3 means that agents, trustees, and others exercising control over a property may bear the same responsibilities as the record owner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under East Rochester Code ch. 111 § 111-3, the definitions of 'dwelling unit' and 'habitable room' help establish what spaces are legally recognized as suitable for residential occupancy. Tenants who believe a rented space does not meet the characteristics of a lawful dwelling unit or habitable room as defined in § 111-3 may have grounds to raise that classification as relevant in a housing complaint or code enforcement proceeding. Local tenant-rights organizations or the municipality's code enforcement office can be general resources for understanding how these definitions interact with other protections in the chapter.
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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