Wallkill, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-14
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 and 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 140-14 of Wallkill's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential buildings. It sets a seven-foot minimum ceiling height for most nonhabitable areas, requires bathrooms and toilet rooms to meet specific privacy, accessibility, and waterproofing standards depending on building type, and mandates adequate artificial lighting and ventilation for kitchenettes, bathrooms, laundry rooms, stairways, and mechanical equipment spaces. The provision distinguishes between requirements for one- and two-family dwellings and multiple dwellings throughout.
Plain English — not legal advice.
Operators of residential properties in Wallkill subject to ch. 140 § 140-14 generally ensure that nonhabitable spaces meet the prescribed ceiling height of seven feet, that bathroom and toilet room floors in multiple dwellings are fully waterproofed with the required six-inch upward extension, and that each such space receives appropriate artificial lighting. Compliant operators also verify that ventilation in kitchenettes, bathrooms, and mechanical equipment rooms meets either the natural or mechanical ventilation thresholds specified in § 140-14(C), and that equipment rooms exhaust directly to outside air without recirculation. Maintaining documentation of these conditions—such as inspection records and ventilation specifications—is a common practice among property managers seeking to demonstrate ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 140-14 establishes baseline standards that residential spaces in Wallkill must meet, including bathroom accessibility, waterproofing, lighting, and ventilation requirements that directly affect habitability and safety. Tenants who believe their unit or building falls short of these standards—such as a bathroom that is not accessible without passing through another sleeping room, or inadequate ventilation—may have grounds to raise a violation under ch. 140 § 140-14. General enforcement paths can include filing a complaint with the local code enforcement or building department, raising the condition as a defense in a housing proceeding, or consulting a tenant-rights organization familiar with New York housing law.
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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