Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-9
Prohibited use of space
Operative Text
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. B. It shall be prohibited in lodging houses to use for dining purposes any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than dining space. C. It shall be prohibited to prepare or eat meals in lodging units. D. It shall be prohibited to use any cellar space as habitable space. E. No vehicle, motor home, camping trailer, pickup camper, recreational vehicle or similar item shall be used as habitable space, as defined in this chapter, within the boundaries of the Town unless such vehicle is parked in an area specifically approved by the Town as a campground or as a location for temporary or emergency housing. In all civil and criminal prosecutions brought for the enforcement of Code provisions in respect to the use of a vehicle, motor home, camping trailer, pickup camper, recreational vehicle, or similar item, as habitable space, it shall be a rebuttable presumption that such vehicle is being used as habitable space if said vehicle is connected to a source of energy that provides light, heat and/or power.
Section 135-9 of Oyster Bay's Code of Ordinances establishes several prohibited uses of space within residential and lodging settings. Kitchens, nonhabitable spaces, public spaces, and cellars may not be used as sleeping or living quarters, and vehicles such as motor homes and recreational vehicles cannot serve as habitable space unless located in a Town-approved campground or temporary/emergency housing site. In lodging houses, dining is restricted to spaces meeting minimum size and designation requirements, and lodging unit occupants are barred from preparing or eating meals within their individual units. A vehicle connected to a source of light, heat, or power is presumed under this section to be in use as habitable space, though that presumption can be rebutted.
Plain English — not legal advice.
Operators of rental properties and lodging houses in Oyster Bay should ensure that their units comply with the space-use restrictions set out in § 135-9, which means that no kitchen, cellar, nonhabitable area, or public space is configured or rented for sleeping or living purposes. Lodging house operators generally maintain communal kitchens of at least 100 square feet and designate proper dining spaces, while ensuring that individual lodging units are not equipped or advertised for meal preparation or consumption. Operators should also confirm that no recreational vehicles, motor homes, or similar vehicles on their property are being used as habitable space outside of a Town-approved campground or temporary housing location, keeping in mind that a vehicle connected to utilities may trigger the rebuttable presumption described in § 135-9(E).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 135-9, tenants have a right to occupy space that meets the Town of Oyster Bay's habitability designations — meaning a landlord generally cannot lawfully rent out a cellar, kitchen, or nonhabitable space as a sleeping area. If a tenant believes their rented space violates these use restrictions, they may raise the violation as a defense in relevant proceedings or file a complaint with the appropriate Town enforcement authority. Tenants living in lodging houses should also be aware of the specific dining and meal-preparation restrictions in § 135-9(B) and (C), and may wish to consult a tenant-rights organization to understand how those rules apply to their living arrangement.
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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