Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-128
Ventilation
Operative Text
A. Every habitable room and every kitchen, bathroom, shower room, water closet room or compartment shall have at least one (1) window or skylight that can be easily opened or a mechanical device that will adequately ventilate such room. B. Natural ventilation. (1) Openable areas for natural ventilation shall include windows, skylights, louvers, monitors and similar openings. (2) The total openable area for natural ventilation in habitable rooms shall be equal to forty-five percent (45%) of the minimum requirement for windows and skylights, as specified in § 54-127 of this code. (3) The total openable area for natural ventilation in bathrooms, shower rooms or water closet rooms or compartments shall be at least one and one-half (1 1/2) square feet facing open space. C. Mechanical ventilation. (1) Required ventilation may be supplied by a mechanical device of a type approved by the Enforcement Officer. (2) The system shall be provided with proper openings for incoming and outgoing air to obtain the required circulation of air and shall be so constructed, arranged and maintained as to continuously provide adequate ventilation.
Section 54-128 of Pelham's Code of Ordinances requires that every habitable room, kitchen, bathroom, and toilet space have at least one openable window, skylight, or an approved mechanical ventilation device. For natural ventilation, the openable area must meet specific minimums—45% of the window/skylight requirement for habitable rooms, and at least 1.5 square feet facing open space for bathrooms and toilet rooms. Where mechanical ventilation is used instead, the system must be approved by the Enforcement Officer and designed to continuously circulate adequate air through proper intake and exhaust openings.
Plain English — not legal advice.
Operators of residential properties in Pelham should ensure that every habitable room, kitchen, and bathroom covered by § 54-128 is equipped with either a qualifying openable window or skylight, or an Enforcement Officer-approved mechanical ventilation system. Compliant properties typically have openable areas sized to meet the 45% threshold for habitable rooms and the 1.5-square-foot minimum for bathrooms and toilet compartments. Where mechanical systems are installed, operators generally keep those systems properly constructed, arranged, and maintained to deliver continuous adequate ventilation as the provision requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 54-128 of Pelham's Code of Ordinances, tenants have a right to adequate ventilation in every habitable room, kitchen, bathroom, and toilet space—whether through openable windows or skylights of sufficient size, or through an approved mechanical system. If a rental unit lacks compliant ventilation, that condition may constitute a housing code violation that tenants can raise with local code enforcement or housing authorities in Pelham. Tenant-rights organizations can help residents understand what documentation to gather and what general options exist for addressing ventilation deficiencies.
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
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Rules and statutes that cite this regulation