Cal. Civ. Code § 105
Cooking spaces
Operative Text
§ 105. Cooking spaces. 1. Every space which is intended, arranged or designed for cooking or warming of food shall be either a kitchen or kitchenette. 2. A kitchen or kitchenette shall be unlawful unless it is constructed, arranged and maintained in compliance with the following applicable provisions: a. The ceiling and walls, exclusive of doors, of all kitchenettes shall be fire-retarded or in lieu thereof such space shall be equipped with one or more sprinkler heads to fuse at a temperature not higher than two hundred twelve degrees Fahrenheit. Such heads shall be connected to the water supply through a pipe of adequate size. b. In every kitchen and kitchenette, all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming of food shall be fire-retarded or covered with fire-resistive material. c. Every kitchenette shall be provided with a window opening upon a street or upon a yard, court or shaft. Such window shall be at least one foot wide, have a total area of at least three square feet and be at least ten per centum of the superficial floor area of such kitchenette. In lieu of such window, in such kitchenette it shall be lawful to install a system of mechanical or gravity ventilation to provide at least six changes per hour of the air volume of such kitchenette. d. Every kitchenette may be equipped with a door or doors, provided the lower portion of each such door has a metal grille containing at least forty-eight square inches of clear openings or, in lieu of such a grille, there are two clear open spaces, each of at least twenty-four square inches, one between the floor and each such door, and the other between the top of each such door and the head jamb.
New York Multiple Residence Law § 105 establishes that any space designed or arranged for cooking or warming food must qualify as either a kitchen or kitchenette, and it sets out specific construction and maintenance standards that make such spaces lawful. Kitchenettes must meet fire-safety requirements—including fire-retarded walls and ceilings or sprinkler coverage—and combustible materials near cooking equipment must be protected. Kitchenettes must also have adequate ventilation through a qualifying window or a mechanical system, and any doors installed on a kitchenette must include grille openings or air gaps to allow airflow.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Resid. Law § 105 generally ensure that every cooking space in a multiple residence is formally designated as a kitchen or kitchenette and meets all applicable construction standards before tenants occupy the unit. Compliant operators typically verify that kitchenette ceilings and walls are fire-retarded or sprinklered, that combustible materials near cooking appliances are shielded with fire-resistive material, and that ventilation meets the window-size or air-change requirements spelled out in § 105. Routine inspections and maintenance records help demonstrate ongoing compliance with these structural and safety standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Mult. Resid. Law § 105, tenants have the right to occupy cooking spaces that meet defined fire-safety and ventilation standards—meaning walls, ceilings, and combustible surfaces near appliances should be properly protected, and the space should have adequate airflow. If a cooking space appears to lack required fire-retardant materials, proper ventilation, or compliant door openings, tenants may consider documenting the conditions and reporting them to the local housing or building code enforcement agency. Tenant-rights organizations familiar with New York multiple residence law can help residents understand what remedies or complaint processes may be available under § 105.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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