LeRoy Village, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-16
Nonhabitable space
Operative Text
A. Height. Nonhabitable space, except closets, storage, heater and boiler rooms, 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) All dwelling units shall have toilet rooms and bathrooms. (4) Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more 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 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; or 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. 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 128-16 of LeRoy Village's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential dwellings. It sets a seven-foot minimum ceiling height for most nonhabitable areas in multiple dwellings, requires that bathrooms and toilet rooms meet specific privacy, accessibility, waterproofing, and flooring standards depending on building type, and mandates adequate artificial lighting and ventilation for kitchenettes, bathrooms, laundry rooms, stairways, and mechanical equipment spaces. The provision also specifies minimum ventilation rates—either natural or mechanical—and requires that air from central equipment rooms not be recirculated into the rest of a building.
Plain English — not legal advice.
Operators of residential properties in LeRoy Village should ensure that all nonhabitable spaces covered by § 128-16 meet the code's structural and environmental requirements. In multiple dwellings, this generally means confirming ceiling heights reach at least seven feet in applicable spaces, that bathroom and toilet room floors are fully waterproofed with the required six-inch vertical extension, and that mechanical ventilation systems exhaust at the rates specified—25 CFM for bathrooms and toilet rooms, 100 CFM for kitchenettes. Compliant operators also verify that equipment rooms are vented to the outside and that stairways, laundry rooms, and similar spaces receive appropriate artificial lighting.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 128-16, tenants in LeRoy Village have a right to dwelling units where bathrooms and toilet rooms are accessible from sleeping areas without passing through another sleeping room, are properly waterproofed, and are equipped with adequate lighting and ventilation. If a bathroom lacks privacy provisions, has deteriorating waterproofing, or a stairway is poorly lit, these conditions may constitute code violations that can be reported to the local code enforcement or housing authority. Tenants who believe their unit falls short of these standards may also consult a tenant-rights organization to understand available options, including raising a code violation as a defense in certain housing proceedings.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation