Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-7

Definitions

In Force
Verified 11/7/2026 · Next check 2/5/2027
Mount VernonHabitability & Repair

Operative Text

Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-7
For the purposes of this chapter, the words and terms listed in this article shall have the meanings herein given, except as they are defined in any other law, ordinance or regulation which may apply in particular cases. ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such accessory uses may include, among others, the following: offices for the building management; dining rooms, banquet rooms, public kitchens and ballrooms; recreation and play rooms; laundries for the use of tenants and occupants and in connection with the management and operation of a residential building; maintenance and work shops; storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects; rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands; garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. APPROVED Approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter. BASEMENT That portion of a building the floor of which is not less than two feet below grade and the ceiling of which is not less than four feet six inches above grade. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See "toilet room." BUILDING A combination of materials to form a construction that is safe and stable, adapted to permanent or continuous occupancy and affording shelter to persons, animals or property. CELLAR That portion of a building the ceiling of which is entirely below grade or less than four feet six inches above grade. DWELLING, ONE-FAMILY A building designed for and occupied exclusively by one family. DWELLING, TWO-FAMILY A detached or semidetached building designed for and occupied exclusively by two families. DWELLING UNIT One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. EXIT The exit doorway or doorways or such doorways, together with connecting passageways or stairways, through which persons must pass from a room or space to a street or to an open space which provides safe access to a street. FAMILY One or more persons related by blood, marriage or legal adoption who live together in one dwelling unit and maintain a common household. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. GRADE When a curb level has been established, "grade" means curb level; when a curb level has not been established or when the natural surface is at a different level from the curb level and remains unchanged, "grade" means, with respect to a building, the average ground elevation adjoining the building. HABITABLE ROOM A room occupied by one or more persons for living, eating or sleeping, and includes kitchens serving individual households or apartments, but does not include bathrooms, water closets, compartments, laundries, serving and storage pantries, corridors and cellars and similar spaces that are not used frequently or during extended periods, nor does it include kitchens or kitchenettes of less than 70 square feet of floor area. INFESTATION The presence within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises of insects, rodents, vermin or other pests. KITCHEN Space, 70 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLING A building or portion thereof used or designed as a residence for three or more families or households living independently of one another. MULTIPLE RESIDENCE See "multiple dwelling." MUNICIPALITY The City of Mount Vernon, New York. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces used for access and vertical travel between stories. See "habitable room," "public space" and "exit." PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools. RESIDENCE A building in which sleeping accommodations are provided. ROOMING HOUSE Any lodging house, rooming house, furnished rooming house, tourist home and any other similarly occupied building, structure or portion thereof having more than three sleeping rooms which are directly or indirectly let, sublet, used or occupied for single-room occupancy; also any multiple dwelling which has been converted or altered or used for single-room occupancy. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. SINGLE-ROOM OCCUPANCY An occupancy for hire by one or more persons living independently of those occupying other rooms in any apartment or suite or portion of a building or structure. STRUCTURE A combination of materials forming a structure that is safe and stable, and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, storage bins, walls, fences and display signs. The word "structure" shall be construed, when necessary, as if followed by the words "or part thereof." TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories and other plumbing fixtures. See "bathroom." VENTILATION Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
Source: Legislative text reproduced verbatim
Plain English

Section 149-7 of Mount Vernon, N.Y., Code of Ordinances Chapter 149 establishes the official vocabulary used throughout the chapter's housing regulations. Each defined term — such as "dwelling unit," "habitable room," "multiple dwelling," and "rooming house" — carries a specific legal meaning that governs how the rest of the chapter's requirements are interpreted and applied. Where another applicable law, ordinance, or regulation defines a term differently for a particular situation, that external definition may control instead. Understanding these definitions is foundational to reading any other provision in Chapter 149 correctly.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Mount Vernon should familiarize themselves with the definitions set out in § 149-7, because terms like "multiple dwelling," "accessory use," "habitable room," and "basement" carry precise meanings that determine which code requirements apply to a given property or space. For example, the distinction between a "basement" and a "cellar" — based on how far the floor sits below grade — can affect whether a space may lawfully be used for occupancy. Compliant operators generally ensure that how they classify and describe spaces in leases, permits, and communications aligns with the definitions in this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

The definitions in § 149-7 of Mount Vernon's Chapter 149 directly affect tenants' rights, because terms like "dwelling unit," "habitable room," and "rooming house" determine what standards a landlord must meet for a given space. For instance, a room that qualifies as a "habitable room" under this section must meet certain size and use criteria, which can be relevant if a tenant believes a rented space does not meet code. Tenants who have questions about how their living space is classified may find it useful to review this section alongside other provisions of Chapter 149, or to reach out to a local tenant-rights organization for general guidance.

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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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

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