Auburn, N.Y., Code of Ordinances ch. 182 § 182-10
Maximum occupancy
Operative Text
A. In dwelling units the maximum number of occupants of each such respective unit shall be limited to a number determined on the basis of the floor area of each habitable room, other than kitchens, as follows: (1) One occupant per habitable room having a floor area of at least 80 but less than 120 square feet; (2) Two occupants per habitable room having a floor area of at least 120 but less than 180 square feet; and (3) Three occupants per habitable room having a floor area of 180 or more square feet. B. In hotel units and lodging units the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. C. In dormitory units the maximum number of occupants shall be limited to a number determined by dividing the floor area of the unit by 50 square feet. In no case shall the floor area of a dormitory unit be less than 200 square feet. D. The maximum number of occupants permitted in hotel units, lodging units, or dormitory units shall be posted in a conspicuous place in each such unit. E. Communal dining rooms and central dining rooms shall contain at least 15 square feet of floor area per occupant. The maximum number of occupants permitted at any particular time shall be posted in a conspicuous place in each such unit. F. Communal dining space in communal kitchens shall be exclusive of clear working space, at least four feet in front of kitchen equipment, and comply with the requirements for communal dining rooms.
Auburn, N.Y., Code of Ordinances ch. 182 § 182-10 establishes maximum occupancy limits for residential units based on the floor area of habitable rooms. For dwelling units, the number of permitted occupants scales with room size—ranging from one occupant in rooms of 80–119 square feet up to three occupants in rooms of 180 or more square feet. Dormitory units are calculated differently, dividing total floor area by 50 square feet, with a minimum unit size of 200 square feet. Hotels, lodging units, and communal dining spaces are also subject to specific area-per-occupant requirements under this provision.
Plain English — not legal advice.
Under ch. 182 § 182-10, compliant operators in Auburn calculate the allowable occupancy of each dwelling unit by measuring the floor area of every habitable room (excluding kitchens) and applying the tiered square-footage formula set out in the provision. For hotel, lodging, and dormitory units, operators generally post the maximum permitted occupancy in a conspicuous location within each unit, as the ordinance requires. Communal dining rooms and kitchens must also meet the minimum 15-square-foot-per-occupant standard, and operators typically ensure that posted limits reflect current measurements and configurations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 182-10 of Auburn's Code of Ordinances gives tenants a basis for understanding whether their unit is being rented at or below its legally permitted occupancy level, which is determined by the floor area of each habitable room. If a tenant believes a unit is being occupied beyond the limits set by this provision, they may raise that concern with the appropriate local code enforcement or housing authority in Auburn. Tenant-rights organizations can help residents understand how occupancy rules interact with other housing protections and what options may be available when a potential violation is identified.
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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