Mount Kisco, N.Y., Code of Ordinances ch. 72 (eCode360 ed. 2026) § 72-12
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 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 (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. 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.
Mount Kisco Code ch. 72 § 72-12 establishes minimum physical standards for nonhabitable spaces in residential buildings. It sets a seven-foot minimum ceiling height for most nonhabitable areas (excluding crawl spaces and attics), requires bathrooms and toilet rooms to meet specific privacy, accessibility, waterproofing, lighting, and ventilation requirements, and mandates that stairways have adequate artificial lighting for safe use. The provision also addresses how mechanical equipment spaces must be ventilated and prohibits recirculating air from those spaces to the rest of a building.
Plain English — not legal advice.
Operators of residential properties in Mount Kisco subject to ch. 72 § 72-12 generally ensure that nonhabitable spaces meet the seven-foot ceiling height minimum, that bathrooms and toilet rooms are properly waterproofed (with waterproofing extending at least six inches up the walls in multiple dwellings), and that all required spaces receive adequate artificial lighting and ventilation. In multiple dwellings, compliant operators confirm that bathrooms are accessible from sleeping rooms without passing through another sleeping room, and that employee toilet facilities are sex-segregated when five or more employees are present. Mechanical ventilation systems, where used in lieu of natural ventilation, are typically sized to meet the cubic-feet-per-minute minimums specified in the ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Mount Kisco residences covered by ch. 72 § 72-12 have a right to bathrooms and toilet rooms that meet the privacy, accessibility, waterproofing, lighting, and ventilation standards set out in this provision. If a bathroom lacks proper waterproofing, sufficient ventilation, or accessible placement relative to sleeping rooms, these conditions may constitute code violations that can be reported to the relevant local building or housing enforcement office. Tenants may also wish to consult a tenant-rights organization to understand how a violation of § 72-12 could be raised in response to housing complaints or other 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.
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