Ithaca, N.Y., Code of Ordinances ch. 210 § 210-12
Nonhabitable space
Operative Text
A. Height. Nonhabitable space shall have a minimum height, measured from floor to ceiling, as required by the Property Maintenance Code of New York State. 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 four 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 areas shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes. (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 210-12 of Ithaca's Code of Ordinances establishes minimum standards for nonhabitable spaces such as bathrooms, toilet rooms, kitchenettes, laundry rooms, and utility areas. The provision sets requirements for ceiling height, privacy, accessibility, flooring materials, lighting, and ventilation in these spaces across one- and two-family dwellings as well as multiple dwellings. Specific rules govern where bathrooms must be located relative to sleeping rooms, how floors must resist moisture, and how air must be exchanged or exhausted in kitchenettes, bathrooms, attics, and mechanical equipment spaces.
Plain English — not legal advice.
Operators of rental properties in Ithaca should ensure that all nonhabitable spaces comply with the detailed requirements of § 210-12, which vary depending on building type. In one- and two-family dwellings, bathroom floors must use moisture-resistant materials and privacy provisions must be in place, while multiple dwellings require fully waterproof bathroom floors with waterproofing extending at least four inches up the wall. Compliant operators also verify that artificial lighting is adequate for each space's intended use, that mechanical or natural ventilation meets the specified minimums, and that bathroom and toilet room placement allows access from sleeping rooms without passing through other sleeping rooms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Ithaca have a right to rental units where nonhabitable spaces such as bathrooms and kitchenettes meet the standards set out in § 210-12, including proper lighting, ventilation, moisture-resistant or waterproof flooring, and accessible placement of toilet rooms. If a bathroom lacks adequate ventilation, has flooring that does not meet the waterproofing standard, or a toilet room is not accessible without passing through another sleeping room, these may constitute code violations. Tenants who believe their unit falls short of these standards can document the conditions, contact the City of Ithaca's code enforcement office to request an inspection, or reach out to a local 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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