Albany, N.Y., Code of Ordinances ch. 231 § 231-12
Maximum occupancy
Operative Text
A. Every dwelling unit shall contain at least 120 square feet of habitable floor space for the first occupant thereof and at least 90 additional square feet of habitable floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable floor area within the dwelling unit. B. In lodging units and rooming units the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. C. In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
Albany, N.Y., Code of Ordinances ch. 231 § 231-12 establishes minimum space requirements that determine how many people may lawfully occupy a dwelling, lodging, or rooming unit. For standard dwelling units, the first occupant requires at least 120 square feet of habitable floor space, with at least 90 additional square feet required for each additional occupant. In group living settings such as dormitories, clubs, and fraternity or sorority houses with more than five sleeping occupants, the maximum number of residents in any habitable room is calculated by dividing the room's square footage by 50 square feet per occupant.
Plain English — not legal advice.
Under Albany, N.Y., Code of Ordinances ch. 231 § 231-12, compliant property operators calculate the maximum allowable occupancy for each unit before renting it, using the prescribed square-footage formulas for the applicable unit type. Operators of standard rental units generally document the total habitable floor area and apply the 120-square-foot baseline plus 90-square-foot-per-additional-occupant formula when setting occupancy limits in leases. Those managing group living facilities such as dormitories or fraternity houses typically apply the 50-square-feet-per-occupant formula room by room to ensure no habitable room is overcrowded.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Albany, N.Y., Code of Ordinances ch. 231 § 231-12 gives occupants a basis for understanding whether a unit is being rented at a lawful occupancy level, since the code sets minimum space requirements tied directly to the number of residents. Tenants who believe a unit is being rented in violation of these space standards may consider contacting Albany's code enforcement or housing inspection office to request an inspection. Tenant-rights organizations in the Albany area can also help residents understand how this provision applies to their housing situation and what complaint or defense options may be available.
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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