Rye, N.Y., Code of Ordinances ch. 108 § 108-14
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 floors can be flushed or washed without leaking. 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 in 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 108-14 of Rye, N.Y., Code of Ordinances Chapter 108 establishes minimum physical standards for nonhabitable spaces in residential buildings. It sets a seven-foot minimum ceiling height for most nonhabitable areas, requires that bathrooms and toilet rooms meet specific privacy, accessibility, waterproofing, and location requirements depending on building type, and mandates adequate artificial lighting and ventilation for kitchenettes, bathrooms, stairways, laundry rooms, and mechanical equipment spaces. The provision also specifies minimum ventilation rates—either natural or mechanical—and requires that air from equipment rooms not be recirculated into the rest of the building.
Plain English — not legal advice.
Operators of multiple dwellings and one- and two-family homes in Rye should be familiar with the full scope of § 108-14, which governs a wide range of physical conditions beyond habitable rooms. Compliant operators generally ensure that nonhabitable spaces meet the seven-foot height minimum, that bathroom and toilet room floors are waterproofed with the required six-inch upturned edge in multiple dwellings, and that all applicable spaces are equipped with appropriate artificial lighting and ventilation systems meeting the specified airflow rates. Where five or more employees are present in a multiple dwelling, operators also maintain sex-separated toilet facilities that are accessible and not directly connected to food preparation areas.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Rye—whether in single-family homes or multiple dwellings—have an interest in knowing that § 108-14 sets enforceable standards for bathroom privacy, accessibility, waterproofing, lighting, and ventilation in their homes. If conditions such as inadequate bathroom waterproofing, missing lighting on stairways, or insufficient ventilation appear to fall short of these standards, tenants may consider documenting the conditions and reaching out to the City of Rye's code enforcement or building department to report a potential violation. Tenant-rights organizations can also help residents understand how these standards apply to their situation and what complaint or defense options may be available.
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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