Schenectady, N.Y., Code of Ordinances ch. 167 § 167-24
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 and multiple dwellings shall have provisions for privacy. (2) Toilet rooms and bathrooms in multiple dwellings which are located within the dwelling units 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) The entrance to every toilet room serving more than one person at a time and opening into a public space or passageway shall be provided with a vestibule or fixed partition to screen the interior from view. The door of every toilet room serving such multiple usage shall be fitted with an effective self-closing device. (6) Every water closet or bathroom installed in multiple dwellings on or after July 1, 1972, and in dwellings converted on or after such date shall be in conformity with the following: The floor of every compartment, bathroom or general toilet room shall be made waterproof, and such waterproofing shall extend six inches or more above the floor so that the floor can be washed or flushed out without leaking. (7) In all other dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material. (8) Employee facilities. Where there are five or more employees in a multiple dwelling, separate toilet room facilities shall be provided for them and for each sex. Said facilities shall be readily accessible to the employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food. 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: natural ventilation, as required for habitable space, except that such openable areas shall not be less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes; or 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) Garages within or accessory to multiple dwellings shall be provided with electric light appropriate for the intended use of such spaces. (6) In multiple dwellings, spaces which contain central heat-producing, air-conditioning or laundry equipment shall be ventilated to the outer air, and air from these spaces shall not be recirculated to other parts of the building. (7) Ventilation shall be provided in unheated attics, spaces below flat rooms 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. (8) Garage areas above grade in excess of 1,000 square feet and all garage areas below grade, within or accessory to multiple dwellings, shall be provided with mechanical ventilation in conformity with Table I. (9) Exterior lighting. On multiple dwelling-premises, artificial lighting shall be provided at night to illuminate walks, driveways, parking spaces and entranceways to buildings for the safe movement of pedestrians. Such lighting shall be provided between buildings used at night, between such buildings and their parking spaces and between such buildings and a public thoroughfare.
Schenectady, N.Y., Code of Ordinances ch. 167 § 167-24 establishes minimum physical standards for nonhabitable spaces in dwellings, particularly multiple dwellings. It sets a seven-foot minimum ceiling height for nonhabitable areas (excluding crawl spaces and attics), requires privacy, accessibility, and waterproofing standards for bathrooms and toilet rooms, and mandates adequate artificial lighting and ventilation throughout common and utility spaces. The provision also requires exterior lighting on multiple-dwelling premises to allow safe pedestrian movement at night, and sets specific ventilation requirements for garages, attics, and equipment rooms.
Plain English — not legal advice.
Operators of multiple dwellings subject to § 167-24 generally maintain nonhabitable spaces—such as laundry rooms, furnace rooms, and garages—with appropriate artificial lighting and ventilation systems meeting the cubic-feet-per-minute thresholds stated in the ordinance. Compliant operators ensure that bathrooms and toilet rooms within dwelling units are accessible without passing through another sleeping room, that floors in bathrooms installed on or after July 1, 1972 are waterproofed with the required six-inch upward extension, and that exterior walkways, driveways, and entranceways are illuminated at night. Where five or more employees work in a multiple dwelling, separate, accessible toilet facilities for each sex are maintained in a location that does not open directly into any food preparation area, as required by § 167-24.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 167-24, tenants in multiple dwellings have a right to bathrooms and toilet rooms that meet privacy, accessibility, waterproofing, lighting, and ventilation standards set out in the ordinance. If a bathroom lacks proper ventilation, exterior walkways are unlit at night, or a toilet room is not accessible without passing through another sleeping room, these conditions may constitute code violations that can be reported to the local code enforcement authority in Schenectady. Tenants who believe their dwelling falls short of the standards in § 167-24 may also consult a tenant-rights organization to understand available options, including raising a code violation as a defense in relevant proceedings.
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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