Brewster, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-12
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 operable 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 148-12 of Brewster, N.Y., Code of Ordinances Chapter 148 establishes minimum physical standards for nonhabitable and utility spaces in residential buildings. It sets a seven-foot minimum ceiling height for nonhabitable areas (excluding crawl spaces and attics), 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, stairways, laundry rooms, and mechanical equipment spaces. The provision also specifies minimum ventilation rates—whether natural or mechanical—and requires that air from equipment rooms not be recirculated into living areas.
Plain English — not legal advice.
Operators of one- and two-family dwellings and multiple dwellings subject to § 148-12 generally ensure that all nonhabitable spaces (other than crawl spaces and attics) meet the seven-foot ceiling-height minimum and that bathroom and toilet-room floors use moisture-resistant or waterproof materials with appropriate upturned waterproofing at walls. Compliant multiple-dwelling operators confirm that each dwelling unit contains its own bathroom accessible from sleeping rooms without passing through another sleeping room, and that employee toilet facilities are sex-separated when five or more employees are present. Lighting and ventilation systems—whether natural openings of the required minimum square footage or mechanical exhaust fans meeting the cubic-feet-per-minute thresholds stated in § 148-12—are maintained in working order for kitchenettes, bathrooms, stairways, and equipment rooms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents in Brewster dwellings covered by § 148-12 have a right to bathrooms and toilet rooms that meet the privacy, accessibility, waterproofing, lighting, and ventilation standards set out in that section. If a bathroom lacks proper waterproofing, has no working ventilation, or is not accessible from a sleeping room without passing through another sleeping room in a multiple dwelling, these conditions may constitute code violations that can be reported to the local code-enforcement authority in Brewster. Tenants who believe their unit falls short of the § 148-12 standards may also consult a tenant-rights organization to understand available remedies, including raising a housing-code violation as a defense in certain 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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