Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-11
Prohibited uses
Operative Text
A. It shall be prohibited to use for 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 or eat meals in lodging units. D. It shall be prohibited to use any cellar space as habitable space.
Waverly, N.Y., Code of Ordinances ch. 93 § 93-11 establishes several prohibited uses within residential and lodging spaces. Kitchens, nonhabitable spaces, and public spaces may not be used for sleeping, and cellar spaces may not be used as habitable space at all. In lodging houses, dining is restricted to designated dining spaces or communal kitchens of at least 100 square feet, and individual lodging units may not be used for preparing or eating meals.
Plain English — not legal advice.
Operators of lodging houses and rental properties in Waverly must ensure that their units and common areas comply with the use restrictions set out in ch. 93 § 93-11. Compliant operators generally configure sleeping arrangements only in designated habitable spaces, keep communal kitchens at or above 100 square feet if they are to be used for dining, and ensure that lodging units are not equipped or marketed for meal preparation or dining. Cellar spaces should not be represented or rented as habitable living areas under any circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Waverly, N.Y., Code of Ordinances ch. 93 § 93-11, tenants have an interest in knowing that certain spaces — including cellars, kitchens, and nonhabitable areas — cannot lawfully be rented or used as sleeping or living quarters. If a rental arrangement appears to place a tenant in a space that violates these use restrictions, that potential violation may be relevant to housing code complaints filed with the appropriate local code enforcement authority. Tenant-rights organizations familiar with Waverly's housing code can help explain what options may be available when a unit appears to fall outside permitted uses.
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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