Hornell, N.Y., Code of Ordinances ch. 178 § 178-13
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 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 crawl spaces. The 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 178-13 of Hornell's Code of Ordinances establishes minimum physical standards for nonhabitable spaces in residential dwellings. It sets a seven-foot minimum ceiling height for nonhabitable rooms (excluding crawl spaces and attics), specifies where and how toilet rooms and bathrooms must be located and accessed, and requires appropriate lighting, ventilation, and moisture-resistant or waterproof flooring in bathrooms, kitchenettes, and similar spaces. The provision also addresses privacy requirements in one- and two-family dwellings, employee restroom separation by sex in larger multiple dwellings, and ventilation standards for mechanical equipment rooms, attics, and crawl spaces.
Plain English — not legal advice.
Operators of residential properties in Hornell should ensure that all nonhabitable spaces comply with the structural and utility requirements of § 178-13. In multiple dwellings, this means verifying that nonhabitable rooms meet the seven-foot ceiling height minimum, that bathroom floors are fully waterproofed with a six-inch upward extension, and that toilet rooms are accessible from sleeping areas without passing through other sleeping rooms. Compliant operators also confirm that kitchenettes, bathrooms, and mechanical equipment rooms have adequate artificial lighting and ventilation—either natural or mechanical at the rates specified in § 178-13(C)—and that equipment rooms exhaust to the outside without recirculating air.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 178-13, tenants in Hornell have a right to dwelling units where bathrooms and toilet rooms meet specific standards for location, accessibility, privacy, waterproofing, lighting, and ventilation. If a bathroom lacks proper waterproofing, adequate ventilation, or is not accessible from a sleeping room without passing through another sleeping room, these conditions may constitute violations of this provision. Tenants who believe their unit does not meet the standards set out in § 178-13 may consider documenting the conditions, contacting the local code enforcement or housing office, or reaching out to a tenant-rights organization to understand available options.
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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