Elmira, N.Y., Code ch. 8, art. V § 8-353
Prohibited uses
Operative Text
(a) It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. (b) It shall be prohibited to prepare meals in hotel units, lodging units and dormitory units. (c) It shall be prohibited to use any cellar space as habitable space. (d) It shall be prohibited, in dwelling units, hotel units, lodging units and dormitory units, to conduct a home occupation: (1) For the teaching of more than four pupils simultaneously, or in the case of musical instruction, or more than a single pupil at a time; (2) To which is devoted more than 25 percent of the total floor area of the unit, and in no event more than 500 square feet of floor area; or (3) Which produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects. (e) It shall be prohibited to occupy or use for residential purposes the residential part of a mixed occupancy building, if the nonresidential part of such building is classified for use as a high hazard occupancy, or if the nonresidential use is obnoxious or offensive to residential occupancy or use.
Elmira Code ch. 8, art. V § 8-353 establishes a set of prohibited uses within residential and lodging spaces. Kitchens, non-habitable areas, public spaces, and cellars may not be used for sleeping, and meal preparation is barred in hotel, lodging, and dormitory units. Home occupations within dwelling and lodging units are restricted by limits on the number of pupils taught, the floor area devoted to the business, and the types of nuisances produced. Residential portions of mixed-use buildings cannot be occupied for housing if the non-residential portion is classified as a high-hazard occupancy or is otherwise incompatible with residential use.
Plain English — not legal advice.
Operators subject to Elmira Code ch. 8, art. V § 8-353 generally ensure that no tenant is permitted to sleep in kitchens, non-habitable rooms, public areas, or cellar spaces, and that cooking does not occur in hotel, lodging, or dormitory units. Compliant property managers also monitor home-occupation activity within units to confirm it stays within the 25-percent/500-square-foot floor-area cap, does not involve teaching more than four pupils simultaneously (or more than one pupil at a time for music), and does not generate noise, odors, or other objectionable conditions. For mixed-use buildings, operators verify that any non-residential use does not rise to a high-hazard classification or otherwise create conditions incompatible with the residential occupancy above or alongside it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Elmira Code ch. 8, art. V § 8-353, tenants have a right to live in spaces that meet minimum habitability standards — meaning a landlord cannot lawfully designate a cellar, kitchen, or non-habitable area as a sleeping space. If a tenant believes their unit or building is being used in a way that violates these prohibited-use rules — such as being housed in a cellar or in a mixed-use building with a hazardous non-residential occupancy — they may consider contacting Elmira's local code enforcement or housing inspection office to report the concern. Tenant-rights organizations can also help residents understand what options are generally available when a provision like this one may not be being followed.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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