Schenectady, N.Y., Code of Ordinances ch. 167 § 167-21
Uses unlawful
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 100 square feet of floor area or any nonhabitable space or public space other than dining space. C. It shall be prohibited to prepare meals in lodging units and dormitory units. D. It shall be prohibited to use any cellar space as habitable space. E. It shall be prohibited in buildings of mixed occupancy to have a nonresidential occupancy which is offensive, obnoxious or hazardous.
Schenectady, N.Y., Code of Ordinances ch. 167 § 167-21 establishes several prohibited uses within residential and lodging buildings. Kitchens, nonhabitable spaces, public spaces, and cellars may not be used as sleeping or living quarters, and cellar space is specifically barred from being classified as habitable space. In lodging houses, communal kitchens must meet a minimum 100-square-foot threshold before they can be used for dining, and meal preparation is not permitted inside individual lodging or dormitory units. Buildings with mixed residential and nonresidential uses may not contain nonresidential activities that are offensive, obnoxious, or hazardous to occupants.
Plain English — not legal advice.
Operators of lodging houses, dormitories, and mixed-use buildings in Schenectady should structure their properties so that sleeping arrangements, dining areas, and meal preparation occur only in spaces that comply with § 167-21. Compliant operators ensure that no tenant or resident is assigned a kitchen, cellar, or nonhabitable space as a sleeping area, and that communal kitchens used for dining in lodging houses meet the 100-square-foot minimum. In mixed-occupancy buildings, property managers generally screen nonresidential tenants to confirm that their activities do not create conditions that are offensive, obnoxious, or hazardous to residential occupants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 167-21 of the Schenectady Code of Ordinances, residents have a right not to be housed in spaces that the law designates as nonhabitable, including kitchens, cellars, and public spaces. If a landlord is renting such a space as a sleeping unit, or if a mixed-use building contains a nonresidential occupancy that is hazardous or obnoxious, tenants may have grounds to raise these conditions as a code violation. Tenants can consider reporting concerns to the local code enforcement office, consulting a tenant-rights organization, or exploring whether a violation of this provision may serve as a defense in related housing proceedings.
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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