Schenectady, N.Y., Code of Ordinances ch. 167 § 167-6
Definitions
Operative Text
As used in this chapter, the following definitions shall apply: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the building, and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building. Such accessory uses may include, among others, the following: A. Offices for the building management. B. Dining rooms, banquet rooms, public kitchens and ballrooms. C. Recreation and playrooms. D. Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building. E. Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands. G. Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. ALTERATION As applied to a building or structure, it means a change or rearrangement of the structural parts or in the exit facilities or an enlargement, whether by extending on the side or by increasing in height, or the moving from one location or position to another. The term "alter," in its various modes and tenses and its participial forms, refers to the making of an "alteration." APARTMENT or SUITE A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household. APPROVED Approved by the administrative officer under the regulations of this chapter or approved by an authority designated by law or this chapter. BASEMENT That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain lavatories, water closets or fixtures serving similar purposes. See definition of "toilet room." BUILDING A structure, wholly or partially enclosed within exterior walls or within exterior or party walls, and a roof affording shelter to persons, animals or property. CELLAR That space of a building that is partly or entirely below grade and which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. CLUB See "dormitory." CONVALESCENT HOME A facility supervised by the state or a governmental agency and operated for the purpose of providing therein lodging, board and bedside care of hygienic attention, but not including medical or nursing care, to sick, infirm, disabled or convalescent persons. COURT A space, other than a yard, on the same lot as a building and open both to the sky and at least on one side. COURT, INNER A court not extending to a street or yard. COURT, OUTER A court extending to a street or yard. DORMITORY A multiple dwelling containing dormitory units, lodging units or apartments for the use of students, employees or guests or a public or private institution, with incidental facilities appurtenant thereto. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes by one family. DWELLING, TWO-FAMILY A building containing two dwelling units occupied exclusively for residential purposes by two families. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. EXIT A way of departure from the interior of a building or structure to the exterior at street or grade, including, as necessary for egress or escape, doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY Any number of persons related to each other by blood or marriage, living together as a single housekeeping unit. Servants shall not be precluded. FIRE-RESISTANCE RATING Time, in hours or parts thereof, that a material, construction or assembly will withstand fire exposure as determined in a fire test made in conformity with generally accepted standards or as determined by extension or interpretation of information derived therefrom. FLOOR AREA The allowable floor area of a story or portion of a story of a building within exterior walls, party walls, fire walls or any combination thereof for the type of building construction and occupancy classification as established by the Building Code of the City and the Building Code of the State of New York. FRATERNITY HOUSE See "dormitory." GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative under the State Building Construction Code. GRADE, FINISHED Natural surface of the ground or surface of the ground after completion of any change in contour. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit." INFESTATION The presence of insects, rodents, vermin or other pests within or contiguous to a building or on premises. KITCHEN Space, 60 square feet or more in floor area with a minimum width of five feet, used for cooking or preparation of food, which shall meet the definition of "habitable space." KITCHENETTE Space, less than 60 square feet in floor area and/or less than five feet in width, used for cooking and/or preparation of food. LODGING HOUSE A multiple dwelling containing one or more lodging units, with or without meals being provided. LODGING UNIT A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping purposes, but without cooking facilities within such unit. A "lodging unit" is not limited to a lodging house. Dormitory buildings and buildings of mixed occupancy may contain such units. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLINGS A dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other. MUNICIPALITY City of Schenectady. NONCOMBUSTIBLE Material or combination of materials which will not ignite and support combustion when heated at any temperature up to 1,382º F. during an exposure of five minutes. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit." NURSING HOME A facility licensed by an appropriate state or other governmental agency providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons, in addition to lodging and board. OLD-AGE HOME A facility supervised by the state or a governmental agency and operated for the purpose of providing suitable care therein to adult persons who, though not requiring medical or nursing care, are in such condition by reason of their age as to require, in addition to lodging and board, the services of attendants to assure their safety and comfort, and providing personal assistance to such adults as they may require. OPERATOR Any person, as that term is defined in this chapter, who is the proprietor of a multiple dwelling or rooming house as defined in this chapter. Said person need not be the owner of the premises of which he is the operator. OWNER Any individual or individuals, partnership or corporation or any similar type of business organization, whether for profit or otherwise, in whose name title to a building stands, a mortgagee or vendee in possession subject to NYS Real Property Actions and Proceedings Law § 1308 , assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the property. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. The "plumbing system" also includes all of the gas piping on the consumer's side of the meter. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies; lounges; reception, ball, meeting, lecture and recreation rooms; banquet and dining rooms and their kitchens; and swimming pools. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution and which may include liquids containing chemicals. SORORITY HOUSE See "dormitory." STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TOILET ROOM Enclosed space, containing one or more water closets and lavatories and which may also contain one or more urinals and/or other plumbing fixtures. See definition of "bathroom." UNOCCUPIED A building which is not legally being used for an occupancy authorized by the owner. VACANT BUILDING A building, a portion of a building, or a structure in which any one or more of the following conditions apply: unoccupied and not secured or boarded in compliance with the standards set forth in § 167-51.1 of the Code; unoccupied and unsafe as determined by an enforcement officer; unoccupied and has any violation of the Schenectady City Code or New York State Property Maintenance Code; illegally occupied; or unoccupied for a period of time of 45 days or longer. VENTILATION Supplying of air to and removal of air from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by openings to the outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.
Section 167-6 of Schenectady's Code of Ordinances Chapter 167 establishes the standardized vocabulary used throughout the chapter's housing and property maintenance rules. Terms such as "dwelling unit," "multiple dwellings," "owner," "operator," "habitable space," and "vacant building" are each given precise meanings that govern how the rest of the chapter is interpreted and applied. For example, a "vacant building" is defined broadly to include not just empty structures but also those that are unsecured, unsafe, illegally occupied, or unoccupied for 45 or more days. These definitions set the interpretive foundation for all rights, obligations, and enforcement actions described elsewhere in Chapter 167.
Plain English — not legal advice.
Property owners and operators subject to Chapter 167 should familiarize themselves with the definitions in § 167-6, as these terms directly shape compliance obligations throughout the chapter. The definition of "owner," for instance, extends beyond the titleholder to include mortgagees in possession, receivers, trustees, and agents who exercise control over a property, meaning management responsibility can attach to parties beyond the deed holder. Operators of multiple dwellings—defined as residential buildings rented to three or more families living independently—should pay particular attention to the "vacant building" definition, since a property unoccupied for 45 or more days, or one with any outstanding code violation, may trigger specific regulatory requirements under the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings covered by Chapter 167 benefit from the precise definitions in § 167-6, which establish what qualifies as habitable space, a dwelling unit, or a multiple dwelling—terms that underpin many tenant protections throughout the chapter. The broad definition of "owner" means that tenants may have recourse against various parties who exercise control over a property, not solely the person listed on the deed. Tenants who believe their building may qualify as a "vacant building" under § 167-6—for instance, because it has unresolved code violations or has been partially unoccupied—may wish to consult a local tenant-rights organization or contact the City of Schenectady's code enforcement office to understand what protections or remedies may apply.
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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