Rensselaer, N.Y., Code of Ordinances ch. 121 § 121-13
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 the floor. 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: (a) 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 (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. (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 121-13 of Rensselaer's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential buildings, covering ceiling heights, bathroom placement and privacy, floor waterproofing, lighting, and ventilation. In multiple dwellings, nonhabitable areas (excluding crawl spaces and attics) must be at least seven feet tall, and bathrooms must be accessible from sleeping rooms without passing through other sleeping rooms. The provision also sets specific ventilation rates for kitchenettes, bathrooms, and mechanical equipment spaces, and requires moisture-resistant or waterproof flooring in bathrooms and toilet rooms depending on building type.
Plain English — not legal advice.
Operators of one- and two-family dwellings and multiple dwellings in Rensselaer should be familiar with the full scope of § 121-13, which governs everything from ceiling heights in nonhabitable spaces to bathroom accessibility, floor waterproofing, artificial lighting, and ventilation requirements. Compliant operators of multiple dwellings generally ensure that bathroom floors have waterproofing extending at least six inches above the floor, that mechanical ventilation in bathrooms exhausts at least 25 cubic feet per minute, and that equipment rooms are vented directly to outside air without recirculation. Operators with five or more employees in a multiple dwelling also maintain sex-segregated toilet facilities that do not open directly into food preparation areas, as required under § 121-13(B)(4).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Rensselaer's one- and two-family dwellings and multiple dwellings are entitled to bathrooms and toilet rooms that meet the privacy, accessibility, waterproofing, lighting, and ventilation standards set out in § 121-13. If a bathroom lacks proper ventilation, has inadequate lighting, or is not accessible from a sleeping room without passing through another sleeping room, these conditions may constitute code violations under this provision. Tenants who believe their unit does not meet these standards can document the conditions, raise the issue with their landlord in writing, or contact the appropriate local housing or code enforcement office; tenant-rights organizations can also help explain 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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