Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-18
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 the 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: 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 135-18 of Oyster Bay's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential buildings. It sets a seven-foot minimum ceiling height for nonhabitable areas (excluding crawl spaces and attics), specifies where and how bathrooms and toilet rooms must be located and constructed, and requires adequate artificial lighting and ventilation in kitchenettes, bathrooms, laundry rooms, stairways, and mechanical equipment spaces. The rules differ depending on whether the building is a one- or two-family dwelling or a multiple dwelling, with stricter requirements generally applying to larger buildings.
Plain English — not legal advice.
Operators of residential properties in Oyster Bay should be familiar with the full scope of § 135-18, which governs nonhabitable space standards across different building types. Compliant operators of multiple dwellings typically ensure that bathroom and toilet room floors are fully waterproofed with waterproofing extending at least six inches up the walls, that each bathroom or toilet room has either adequate natural openings or mechanical exhaust ventilation meeting the cubic-feet-per-minute thresholds stated in the code, and that all stairways and utility rooms are equipped with appropriate artificial lighting. Properties with five or more employees must also maintain sex-segregated employee toilet rooms that do not open directly into food preparation areas, as required under § 135-18(B)(4).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Oyster Bay residential buildings have a right to living conditions that meet the standards set out in § 135-18, including properly located and accessible bathrooms, waterproof bathroom floors in multiple dwellings, and adequate lighting on stairways and in bathrooms and kitchenettes. If a bathroom lacks proper ventilation, a stairway is poorly lit, or a toilet room is not accessible from a sleeping room without passing through another sleeping room, these conditions may constitute code violations. Tenants who believe their unit does not meet these standards may consider documenting the conditions, contacting the Town of Oyster Bay's building or housing code enforcement office, or reaching out to a local tenant-rights organization for general information about 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 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