East Rochester, N.Y., Code of Ordinances ch. 111 (eCode360 ed. 2026) § 111-8
Regulations for use and occupancy of dwellings
Operative Text
It shall be unlawful for any owner or any person deemed to be the owner as herein defined to permit any dwelling or dwelling unit to be used or occupied as a place of human habitation unless the same complies with the following rules and regulations hereby promulgated as follows: A. Regulation 1: Basements or cellars. The basement or cellar of any dwelling shall be dry and ventilated and shall be kept free from rubbish accumulation and rodent infestation. B. Regulation 2: Heating. Every dwelling and every dwelling unit shall be weatherproof and capable of being adequately heated, and the heating equipment and chimney in every dwelling or dwelling unit shall be maintained in good order and repair. C. Regulation 3: Lighting and ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows opening directly to the outside air. All window sashes shall be glazed and provided with suitable hardware and shall be made to open. D. Regulation 4: Basement dwelling units. No room in any basement or cellar shall be occupied as a habitable room unless it meets the requirements of the New York State Uniform Fire Prevention and Building Code. E. Regulation 5: Overcrowding. The occupancy of any dwelling unit having more than one habitable room shall not exceed an average of 1 1/2 persons per habitable room. For the purpose of this regulation, any child one year of age or under shall not be counted and any child more than one year old but under 12 years of age shall be deemed to be 1/2 person. F. Regulation 6: Water supplies and sinks. In every dwelling unit there shall be running water connected to public water service and at least one sink connected to the public sewer or an approved sewage disposal system. G. Regulation 7: Toilet and bathroom facilities. There shall be at least one water closet and bathtub or shower for every dwelling unit and for each eight persons or fraction thereof occupying a dwelling unit, which facilities shall be within the dwelling unit and accessible from within. H. Regulation 8: Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good order and repair and in accordance with the requirements of the Town/Village plumbing code and regulations. I. Regulation 9: Lighting and ventilation of toilets and bathrooms. Every toilet and every bathroom in a dwelling shall be provided with adequate light and ventilation. J. Regulation 10: Garbage, rubbish and ash receptacles. Every dwelling, except semidetached houses and garden court apartments, consisting of three or more dwelling units, and every dwelling unit therein, shall be provided by the occupant with approved receptacles to contain garbage, ashes and rubbish, and said receptacles shall be maintained at all times by the occupant in good order and repair. All receptacles shall comply with Chapter 160 , Solid Waste, Article I , of the Town/Village Code. K. Regulation 11: Drainage. All courts, yards or other areas on the premises of every dwelling shall be properly graded and drained. L. Regulation 12: Exits. (1) Safe, continuous and unobstructed exits shall be provided from the interior of the building to the exterior at street or grade level. (2) Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in case of emergency. (3) In one- and two-family dwellings, in addition to a primary exit from the building, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use. (4) In multiple dwellings, approved exits shall be provided.
East Rochester Code of Ordinances ch. 111 § 111-8 establishes a comprehensive set of minimum habitability standards that must be met before any dwelling or dwelling unit may lawfully be occupied. The regulations cover a wide range of physical conditions—including basement dryness, heating capacity, natural light and ventilation in every habitable room, water and sewer connections, toilet and bathing facilities, plumbing maintenance, garbage containment, drainage, and safe exit paths. Occupancy density is also regulated, capping average occupancy at 1.5 persons per habitable room, with specific counting rules for young children. No dwelling may be rented or occupied unless all of these conditions are satisfied simultaneously.
Plain English — not legal advice.
Property owners and managers subject to East Rochester Code ch. 111 § 111-8 generally maintain their buildings in continuous compliance with all twelve regulations—not just at the time of initial rental but on an ongoing basis. Compliant operators routinely inspect basements for moisture and pests, verify that heating systems and chimneys are in good repair before cold-weather seasons, confirm that every habitable room has an operable, glazed window, and ensure that plumbing fixtures meet local code standards. They also track occupancy levels against the 1.5-persons-per-habitable-room limit, keep garbage receptacles in good repair, maintain proper site drainage, and confirm that all required primary and secondary exits remain clear and functional.
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 § 111-8, tenants have a right to occupy a dwelling that meets all twelve enumerated habitability standards, including adequate heat, natural light, running water, functioning plumbing, proper sanitation facilities, and safe exits. If a dwelling unit appears to fall short of these standards—for example, a basement that floods, a heating system that fails, or exits that are blocked—tenants may document the conditions and report them to the local code enforcement office, which has authority to inspect and act on violations. Tenants may also wish to consult a local tenant-rights organization to understand how a landlord's failure to comply with § 111-8 might be raised as a defense or basis for other remedies under New York law.
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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