Cal. Civ. Code § 5:10-16.3
Mechanical ventilation
Operative Text
(a) Where the required natural ventilation is not provided, there shall be ventilation by mechanical means, conforming to the following requirements: 1. Kitchens and kitchenettes shall be ventilated by mechanical means so as to exhaust at least two cubic feet of air per minute per square foot of floor area directly to the outdoors or by means of a properly installed and maintained electrically-powered non-ducted range hood equipped with an activated charcoal filter for the elimination of cooking odors; 2. For commercial kitchens, see N.J.A.C. 5:70-4.7(g); 3. Bathrooms and toilet rooms containing only one water closet or urinal shall be mechanically vented by an exhaust system that exhausts at least 50 cubic feet of air per minute. Means shall be provided for air ingress by louvers in the door, by undercutting the door or by transfer ducts, grilles or other openings. 4. Bathrooms and toilet rooms containing more than one water closet or urinal shall be mechanically vented by an independent exhaust system that exhausts at least 40 cubic feet of air per minute per water closet or urinal.
N.J.A.C. § 5:10-16.3 establishes minimum mechanical ventilation standards for residential spaces when natural ventilation is not present. Kitchens must exhaust at least two cubic feet of air per minute per square foot of floor area directly outside, or use a properly maintained non-ducted range hood with an activated charcoal filter. Single-fixture bathrooms and toilet rooms must exhaust at least 50 cubic feet of air per minute, while multi-fixture rooms require at least 40 cubic feet per minute per fixture, with provisions made for air to enter the space.
Plain English — not legal advice.
Operators of residential properties subject to N.J.A.C. § 5:10-16.3 generally ensure that any kitchen or bathroom lacking adequate natural ventilation is equipped with a functioning mechanical exhaust system meeting the specified airflow rates. For kitchens, this means either a ducted system exhausting directly outdoors at the required rate or a non-ducted range hood with a current, properly maintained charcoal filter. Compliant operators also verify that bathroom exhaust systems include appropriate air-ingress provisions, such as door louvers, undercuts, or transfer grilles, and keep maintenance records for all mechanical ventilation equipment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.A.C. § 5:10-16.3, tenants in New Jersey have a right to mechanical ventilation in kitchens and bathrooms that meets specific airflow minimums when natural ventilation is absent. If a kitchen range hood is non-ducted, it must be equipped with an activated charcoal filter that is properly maintained — a malfunctioning or absent filter may constitute a violation of this provision. Tenants who believe their unit lacks compliant ventilation may document the condition, raise it as a habitability concern with their landlord in writing, file a complaint with the local housing or code enforcement office, or reach out to a tenant-rights organization for guidance on 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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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