Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-10
Maximum occupancy
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows: (1) One occupant per room having a floor area of at least 80 but less than 120 square feet; two occupants per room having a floor area of at least 120 but less than 180 square feet; and three occupants per room having a floor area of 180 or more square feet. B. In lodging 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 50 square feet per occupant.
Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-10 establishes how many people may legally occupy a room based on its square footage. In standard dwelling and lodging units, a room must have at least 80 square feet for one occupant, at least 120 square feet for two, and at least 180 square feet for three. In communal sleeping facilities such as dormitories, clubs, and fraternity or sorority houses with more than five residents, the limit is calculated by dividing the room's total square footage by 50 square feet per occupant.
Plain English — not legal advice.
Under § 157-10, compliant operators calculate the permitted number of occupants for each habitable room—excluding kitchens—before renting or assigning sleeping space. For standard units, this means verifying that room dimensions meet the tiered square-footage thresholds before placing tenants. Operators of dormitories, clubs, or Greek-letter houses with more than five residents apply the separate 50-square-feet-per-occupant formula and keep documentation of room measurements on hand.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 157-10 gives occupants a baseline protection: a landlord or housing provider cannot lawfully pack more people into a room than the square-footage formula allows. If a tenant believes a unit is being rented or managed in violation of these occupancy limits, that concern can generally be raised with the local code-enforcement or housing authority in Clarkstown. Tenant-rights organizations familiar with Rockland County housing codes can also help residents understand how this provision applies to their living situation.
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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