Port Jervis, N.Y., Code of Ordinances ch. 319 § 319-2
Definitions and word usage
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: A. Words defined. APPROVED Constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent ordinances or regulations of the City or applicable therein. BASEMENT A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement if vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes. BUILDING Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. CELLAR An enclosed space within the foundation walls of a building and having more than 1/2 of its height below the average level of the adjoining ground. In no event shall a "cellar" be considered a dwelling. DWELLING A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling" and "dwelling group" shall not be deemed to include automobile court, rooming or tourist home. DWELLING UNIT One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for the use of one family and not having more than one kitchen or kitchenette. The term "dwelling unit" shall not be deemed to include a hotel, motel, automobile court, tourist home, furnished rooming house, dormitory, boarding home, convalescent home, rest home, nursing home, or other accomodations used for transient occupancy. ENFORCEMENT OFFICER The Building Official or the person designated by a majority of the Common Council to carry out the duties of enforcement and administration specified in this chapter. EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food or by any recognized and legal pest elimination method approved by the enforcement officer. GARBAGE The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. GRADE Natural surface of the ground, or surface of the ground after completion of any change in contour, including the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto. HABITABLE ROOM A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding stairways, bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces. INFESTATION The presence, within or around a dwelling, dwelling unit, rooming house, rooming unit or premise, of insects, rodents, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used in cooking or preparation of food and deemed habitable space. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space. MULTIPLE RESIDENCE A building containing three or more dwelling units; a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either of one of such families; a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. OCCUPANT Any person, including an owner or operator, over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or room in a rooming house. OPENABLE AREA Any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR Any person having charge, care, management or control of any dwelling or part of it in which dwelling units or rooming units are let. OWNER Any person who, alone, jointly or severally with others, holds legal or equitable title to any dwelling, dwelling unit, rooming house or rooming unit. PERSON An individual, firm, corporation, association or partnership. PLUMBING All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. PREMISES A plotted lot or part thereof or unplotted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, including the dwelling or structures thereon. PUBLIC HALL Any hall, corridor or passageway not within the exclusive control of one family. ROOMING HOUSE Any dwelling or part thereof which contains one or more rooming units, in which space is let by the occupant or owner to three or more persons not directly related to him. ROOMING UNIT Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SINGLE-FAMILY DWELLING A dwelling occupied by one family alone. SUPPLIED Paid for, furnished or provided by or under the control of the owner or operator, his agents and or representatives. VENTILATION, MECHANICAL Any ventilation by power-driven devices. VENTILATION, NATURAL Any ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. WATER CLOSET A toilet, with a bowl and trap, which is connected to the City water and sewer system or to other approved water supply and sewer system. B. Meaning of certain words. Whenever the words "building," "dwelling," "dwelling unit," "rooming house" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
Section 319-2 of Port Jervis, N.Y., Code of Ordinances Chapter 319 establishes the official definitions that govern how terms are interpreted throughout the city's housing and property maintenance code. Key distinctions include the difference between a "basement" (which may count as a story and can be used for dwelling purposes) and a "cellar" (which can never be considered a dwelling), as well as precise definitions for structures like "dwelling units," "rooming houses," and "multiple residences." These definitions set the boundaries for what types of spaces and arrangements fall under the chapter's requirements, and they apply to any part of a covered building or premises, not just the whole structure.
Plain English — not legal advice.
Property owners and operators subject to Port Jervis, N.Y., Code of Ordinances ch. 319 § 319-2 should be familiar with how the code distinguishes between key terms, since compliance obligations hinge on these definitions. For example, a compliant operator recognizes that a cellar cannot lawfully be used as a dwelling unit under any circumstances, while a basement may qualify as habitable space only when it meets the specified height and use criteria. Operators managing multiple residences—defined as buildings with three or more dwelling units—should also note that the definitions of "operator," "owner," and "supplied" carry specific meanings that determine who bears responsibility for maintenance and services under the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Port Jervis can look to ch. 319 § 319-2 to understand whether their living space qualifies as a lawful dwelling unit, rooming unit, or other recognized category under the city code. For instance, the provision makes clear that a cellar can never legally be used as a dwelling, and that a dwelling unit must include provisions for living, cooking, sanitary, and sleeping facilities—details that may be relevant if a tenant believes their space does not meet code standards. Tenants who have concerns about whether their housing meets these definitions may consider contacting the city's Enforcement Officer (the Building Official or a designee of the Common Council) or reaching out to a local tenant-rights organization for general information about 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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