Elmira, N.Y., Code ch. 8, art. V § 8-356
Nonhabitable space
Operative Text
13-42.1. Height. In multiple dwellings nonhabitable space, except crawl spaces and attics, shall have a minimum height of seven feet, measured from floor to ceiling. 13-42.2. Toilet rooms and bathrooms. (a) Toilet rooms and bathrooms shall be designed and arranged to provide privacy. (b) Toilet rooms and bathrooms shall not be used as a passageway to a hall, other spaces or to the exterior. (c) A toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through another sleeping room. (d) Toilet rooms and bathrooms serving hotel units, lodging units or dormitory units, unless located within such respective units or directly connected thereto, shall be provided on the same story with such units, and be accessible only from a common hall or passageway. (e) Toilet rooms for employees in multiple dwellings shall be separate 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. (f) The entrance to every toilet room with facilities to serve 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 such toilet room with multiple facilities shall have an effective self-closing device. Doors of toilet rooms with facilities to serve one person at a time shall be provided with an interior door lock. (g) In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material. (h) In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof; such waterproofing shall extend four inches or more above floors, except at doors. Walls shall be constructed or covered with moisture-resistant material. 13-42.3. Light and ventilation. (a) Kitchenettes, bathrooms and toilet rooms shall be provided with electric light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions, and the safe use of the space and the appliances, equipment and fixtures. (b) In one- and two-family dwellings, kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following: (1) Natural ventilation by openings which comply with the requirements of subsection 13-40.3(c), except that minimum openings shall be three square feet for kitchenettes, and 1½ square feet for bathrooms and toilet rooms; or (2) Mechanical ventilation exhausting not less than 150 cfm for kitchenettes, and not less than 25 cfm for bathrooms and toilet rooms. (c) In multiple dwellings, kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following: (1) Natural ventilation by openings which comply with the requirements of subsection 13-40.3(c), except that minimum openings shall be three square feet for kitchenettes and bathrooms and toilet rooms designed for private use; and one square foot per water closet or urinal, or three square feet, whichever is greater, for bathrooms and toilet rooms designed for public use; or (2) Mechanical ventilation exhausting not less than 150 cfm for kitchenettes, 25 cfm for bathrooms and toilet rooms designed for private use, and 40 cfm, per water closet or urinal, for bathrooms and toilet rooms designed for public use. (d) Stairs shall be provided with electric light to allow safe ascent and descent. (e) Laundry rooms, furnace rooms and similar nonhabitable spaces shall be provided with electric light appropriate for the intended use of such rooms. (f) Spaces in multiple dwellings which contain central heat producing equipment, incinerator or air conditioning equipment, shall be ventilated directly to the outer air as necessary for ventilation. (g) Shower rooms, locker rooms, dressing rooms and laundry rooms shall be provided either with natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation conforming to the requirements of table 13-100.7(e) in section 8-428 . (h) Garages within or accessory to multiple dwellings shall be provided with electric light appropriate for the intended use of such spaces. (i) Garage areas above grade, in excess of 1,000 square feet, and all garage areas below grade shall be provided with mechanical ventilation in conformity with table 13-100.7(e) in section 8-428 .
Elmira Code ch. 8, art. V § 8-356 establishes minimum standards for nonhabitable spaces in dwellings, covering ceiling heights, bathroom privacy and accessibility, moisture-resistant materials, lighting, and ventilation. For example, nonhabitable areas (other than crawl spaces and attics) must be at least seven feet tall, and bathrooms must be arranged so occupants can reach them from sleeping rooms without passing through another sleeping room. The provision also sets specific airflow rates and lighting requirements for kitchens, bathrooms, garages, and utility rooms depending on whether the building is a single-family home or a multiple dwelling.
Plain English — not legal advice.
Operators of multiple dwellings subject to § 8-356 generally ensure that nonhabitable spaces meet the seven-foot height minimum, that bathroom layouts provide privacy and do not serve as passageways, and that floors in wet areas are waterproofed with moisture-resistant wall coverings. Compliant buildings also maintain adequate electric lighting in stairways, laundry rooms, and garages, and provide mechanical or natural ventilation meeting the cubic-feet-per-minute thresholds specified in the provision. Employee toilet rooms in buildings with five or more staff must be sex-segregated and kept separate from food-preparation areas.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 8-356, tenants in Elmira have a right to bathrooms that are accessible from sleeping areas without crossing another sleeping room, properly waterproofed, and adequately lit and ventilated. If a bathroom lacks privacy, has inadequate ventilation, or nonhabitable spaces fall short of the required standards, tenants may document the conditions and report them to the local code enforcement or housing inspection office. Tenant-rights organizations can help residents understand which enforcement paths—such as filing a complaint or raising a housing-code violation—may be available.
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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