Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-12
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 such 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 floor can be flushed or washed without leaking. C. Light. (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. D. Ventilation. (1) Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following: (a) Natural ventilation as required for habitable space, except that such openable areas shall not be less than one and 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or (b) 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. (2) 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. (3) 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 161-12 of Port Jefferson's Code of Ordinances establishes minimum physical standards for nonhabitable spaces—such as bathrooms, toilet rooms, kitchenettes, laundry rooms, and utility areas—in both single-family homes and multiple dwellings. The rule sets requirements for ceiling height (at least seven feet in most nonhabitable spaces), bathroom privacy and accessibility, waterproof or moisture-resistant flooring, adequate artificial lighting, and sufficient ventilation through either natural or mechanical means. It also addresses employee toilet facilities in multiple dwellings and requires that equipment rooms be vented to the outside without recirculating air to the rest of the building.
Plain English — not legal advice.
Operators of multiple dwellings subject to Port Jefferson Code § 161-12 generally ensure that nonhabitable spaces meet the seven-foot minimum ceiling height, that bathroom and toilet room floors are fully waterproofed with a six-inch upward extension, and that each such room has appropriate artificial lighting. Compliant operators also verify that bathrooms in dwelling units are accessible from sleeping rooms without passing through another sleeping room, and that mechanical ventilation systems exhaust at least 25 cubic feet per minute for bathrooms and 100 cubic feet per minute for kitchenettes. Where five or more employees work in a multiple dwelling, separate-sex toilet facilities that do not open into food-preparation areas are also part of a compliant operation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Port Jefferson Code § 161-12, tenants in multiple dwellings have a right to bathrooms and toilet rooms that are located within their dwelling unit, accessible from sleeping areas without crossing another sleeping room, and equipped with waterproof floors, proper lighting, and adequate ventilation. If a bathroom or toilet room appears to fall short of these standards—such as having inadequate waterproofing, poor ventilation, or an inaccessible layout—tenants may document the conditions and consider raising the issue with local housing or code enforcement authorities. Tenant-rights organizations familiar with Port Jefferson's local ordinances can help residents understand what options are generally available when conditions appear to violate § 161-12.
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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