Jamestown, N.Y., Code of Ordinances ch. 215 § 215-10
Prohibited uses
Operative Text
A. It shall be prohibited to use for regular sleeping purposes any kitchen, nonhabitable space or public space. B. It shall be prohibited in lodging houses to use for dining purposes any communal kitchen containing less than 60 square feet of floor area or any nonhabitable space or any public space other than a dining area. C. It shall be prohibited to use any cellar space as habitable space unless improved with concrete floors and permanent wall coverings kept waterproof and permanently drained and provided with two exits not located in the same wall.
Section 215-10 of Jamestown's Code of Ordinances establishes specific spaces that may not be used for sleeping or dining. Kitchens, nonhabitable spaces, and public spaces are off-limits as regular sleeping areas, while lodging-house dining is restricted to adequately sized and designated spaces. Cellar spaces may only qualify as habitable if they meet concrete flooring, waterproofing, permanent drainage, and dual-exit requirements.
Plain English — not legal advice.
Operators subject to § 215-10 generally ensure that no tenant or resident is assigned a kitchen, hallway, or other nonhabitable or public space as a sleeping area. In lodging houses, communal kitchens used for dining must meet the 60-square-foot minimum, and dining must occur only in designated dining areas. Landlords who wish to offer cellar space as habitable typically document that the space has concrete floors, waterproof permanent wall coverings, permanent drainage, and two exits on separate walls before occupancy begins.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 215-10, tenants have a right not to be housed in spaces that the ordinance designates as prohibited for sleeping or habitation, such as kitchens, nonhabitable spaces, or substandard cellars. If a rental unit or assigned sleeping space appears to violate these conditions, residents may report the concern to Jamestown's local code enforcement or housing inspection office. Tenant-rights organizations familiar with Jamestown's Code of Ordinances can help residents understand what documentation or complaint processes may be available to them.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.