Poughkeepsie, N.Y., Code of Ordinances ch. 12 § 12-9
Definitions
Operative Text
For the purposes of this Chapter, the following terms shall have the meanings respectively ascribed: ACCESSORY STRUCTURES A structure, the use of which is incidental to that of the main building, and which is attached thereto or located on the same premises. APPROVED Approved by the head of the Code Enforcement Agency under the provisions of this Chapter or the rules and regulations adopted pursuant thereto, or approved by an authority designated by law or by this Chapter. BASEMENT The portion of the building that is partly underground which has more than 1/2 its height measured from clear floor to ceiling above the average finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs, showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes. BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. CELLAR Lowermost portion of the building partly or totally underground having 1/2 or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground. DWELLING Building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by the occupants, such as the practice of a profession. DWELLING UNIT One or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged for one family with whom may reside not more than four lodgers or boarders. EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other approved means of pest elimination. 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 ground after completion of any change in contour. GROSS FLOOR AREA The total area of all habitable space. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking; excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms. INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises, 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 for 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) A building containing three or more dwelling units; (b) A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; or (c) 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 over one-year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit. OPERATOR Any person who has charge, care or control of a multiple residence or rooming house, in which dwelling units or rooming units are let or offered for occupancy. OUTSIDE DESIGN TEMPERATURE Temperature based on the average of the low temperature recorded in the area, either during the last 25 years or as long as temperature records have been kept. OWNER Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building. PLUMBING SYSTEM Pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage. POTABLE WATER Water duly approved as satisfactory and safe for drinking. PREMISES A lot, plot or parcel of land including the building or structures thereon. PUBLIC SEWER Sewer operated by a public authority or public utility and available for public use. ROOMING HOUSE A building, or part thereof, which contains one or more rooming units and in which space is occupied or intended to be occupied by five or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. 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. SEWAGE Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine. STRUCTURE A combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof." SUPPLIED FACILITIES Facilities paid for, furnished or provided by or under the control of the owner or operator. TEMPORARY HOUSING Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this code. TOILET ROOM OR COMPARTMENT Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION Supply and removal of air to and from any space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
Section 12-9 of Poughkeepsie's Code of Ordinances, Chapter 12, establishes the precise meanings of key terms used throughout the chapter's housing and property maintenance rules. These definitions set the boundaries for concepts like 'dwelling,' 'habitable space,' 'owner,' 'operator,' and 'occupant,' among many others, ensuring consistent interpretation of the chapter's requirements. The definitions also draw important distinctions—for example, between a basement and a cellar, or between a kitchen and a kitchenette—that affect how other provisions of the chapter apply to specific spaces and structures.
Plain English — not legal advice.
Property owners and operators subject to Chapter 12 of the Poughkeepsie Code should familiarize themselves with the definitions in § 12-9, as these terms govern how compliance obligations are interpreted throughout the chapter. For instance, the definitions of 'owner' and 'operator' are broad and can encompass mortgagees, receivers, and others with control over a building—not just the titleholder. Compliant operators generally ensure that spaces they classify as habitable, or designate as kitchens versus kitchenettes, actually meet the dimensional and functional criteria set out in § 12-9.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in dwellings, multiple residences, or rooming houses covered by Chapter 12 benefit from the definitions in § 12-9, which clarify what qualifies as habitable space, who counts as an 'owner' or 'operator,' and what constitutes infestation or extermination. Understanding these definitions can help tenants assess whether conditions in their unit—such as a room being classified as a cellar rather than a basement—affect the protections they are entitled to under the chapter. Tenants who believe a landlord is misapplying these definitions may wish to consult a local tenant-rights organization or contact the relevant Poughkeepsie code enforcement authority for guidance.
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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