Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-125
Habitable space below grade
Operative Text
A. Every dwelling unit and rooming unit located in a basement shall meet all the requirements of this code, but no such room below grade shall be used for sleeping. B. Floors and outside walls of such dwelling units and rooming units shall be waterproofed and dampproofed. C. All pipes, ducts and other obstructions that interfere with the normal use of the room shall be at least six and one-half (6 1/2) feet above the floor level. D. The sills of all required windows shall be located no more than three (3) feet above floor level. E. The exterior grade abutting any wall shall be at least six (6) inches below any window for a distance of at least five (5) feet from such wall.
Pelham, N.Y., Code of Ordinances ch. 54 § 54-125 establishes the conditions under which basement dwelling and rooming units may legally exist. While such units must meet all general housing code requirements, they may not be used for sleeping. The rule also sets specific physical standards: waterproofed floors and walls, overhead clearance of at least six and a half feet for pipes and ducts, window sills no more than three feet above the floor, and exterior grade kept at least six inches below any window for a five-foot span along the wall.
Plain English — not legal advice.
Operators of residential properties in Pelham with basement units must ensure those spaces comply fully with § 54-125, which means no basement room below grade may be rented or offered for sleeping purposes. Compliant operators typically maintain waterproofing and dampproofing on floors and exterior walls, verify that pipes, ducts, and similar obstructions clear at least six and a half feet of headroom, and confirm that window sill heights and exterior grading meet the dimensional requirements spelled out in the provision. Routine inspections of these physical conditions help demonstrate ongoing compliance with the code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Pelham, N.Y., Code of Ordinances ch. 54 § 54-125, tenants living in or being offered basement units have the right to housing that meets specific habitability standards, including protection from dampness and adequate light and clearance. If a basement space is being used for sleeping or fails to meet the waterproofing, headroom, or window requirements set out in this provision, that may constitute a code violation that can be raised with local housing or code enforcement authorities. Tenant-rights organizations familiar with Pelham's housing code can help residents understand what options are generally available when a unit appears to fall short of these standards.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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