Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-10
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) Two occupants per room having a floor area of at least 80 square feet but less than 120 square feet. (2) Three occupants per room having a floor area of at least 120 square feet but less than 180 square feet. (3) Four 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 or 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.
Evans, N.Y., Code of Ordinances ch. 158 § 158-10 establishes maximum occupancy limits for residential spaces based on room size. In standard dwelling and lodging units, habitable rooms (excluding kitchens) may house between two and four occupants depending on whether the floor area falls below 120 square feet, between 120 and 180 square feet, or at 180 square feet or more. In club, dormitory, or fraternity/sorority buildings with sleeping accommodations for more than five people, the limit is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Operators of residential properties in Evans, N.Y. subject to ch. 158 § 158-10 generally measure the floor area of each habitable room—excluding kitchens—and apply the tiered occupancy formula before renting or assigning sleeping spaces. For standard units, compliant operators ensure no room under 80 square feet is used as sleeping space, and that rooms between 80–119, 120–179, and 180-plus square feet are limited to two, three, and four occupants respectively. Operators of clubs, dormitories, and Greek-letter houses with more than five sleeping occupants apply the separate per-50-square-foot calculation to each habitable room used for sleeping.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Evans, N.Y., Code of Ordinances ch. 158 § 158-10, tenants have a right to occupy a unit that is not overcrowded beyond the limits set by the room-size formula. If a tenant believes a landlord is attempting to house more occupants than the ordinance allows, that concern can generally be raised with the local code enforcement or housing authority, or used as a basis for a complaint about housing conditions. Tenant-rights organizations familiar with local Evans ordinances can help residents understand how the occupancy tiers apply to their specific living arrangements.
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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