Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-126
Cellars as habitable space prohibited
Operative Text
No cellar shall be used as a habitable area.
Section 54-126 of Pelham, N.Y., Code of Ordinances Chapter 54 establishes a flat prohibition: cellars may not be used as habitable space under any circumstances. The rule draws a clear line between a cellar—typically defined by its depth below grade—and other below-grade spaces such as basements, which may be subject to different standards. This provision applies regardless of how a cellar space is finished or furnished.
Plain English — not legal advice.
Under § 54-126, compliant property operators in Pelham do not rent, lease, or otherwise make available any cellar space for residential living purposes. Operators generally audit their properties to confirm that no cellar is being occupied as a dwelling unit, bedroom, or sleeping area, even informally. Advertising or accepting rent for cellar space as habitable could expose an owner to code-enforcement action under Chapter 54.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-126 gives tenants in Pelham a clear basis to question any arrangement in which they are housed in a cellar space, since such use is flatly prohibited by the local code. If a tenant believes they are occupying a cellar that has been presented as habitable, they may consider contacting Pelham's local code-enforcement or building department to report the condition. Tenant-rights organizations familiar with Westchester County housing law can help explain what options are generally available when a unit does not meet habitability standards under Chapter 54.
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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