Fallsburg, N.Y., Code of Ordinances ch. 156 (eCode360 ed. 2026) § 156-9
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: one occupant per room having floor area of at least 80 but less than 120 square feet, two occupants per room having floor area of at least 120 but less than 180 square feet, and three occupants per room having 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 by 50 square feet per occupant.
Fallsburg, N.Y., Code of Ordinances ch. 156 § 156-9 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. For dwelling and lodging units, the number of permitted occupants per room 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. For group-living facilities such as clubs, dormitories, and fraternity or sorority houses with more than five sleeping occupants, the limit is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Property owners and managers subject to § 156-9 of the Fallsburg Code generally measure the floor area of each habitable room, excluding kitchens, and ensure that the number of occupants does not exceed the thresholds set by the ordinance. For group facilities like dormitories or fraternity houses, compliant operators typically apply the 50-square-feet-per-occupant formula to each sleeping room. Maintaining accurate floor-area records and posting or documenting occupancy limits for each unit type are practices commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Fallsburg, N.Y., Code of Ordinances ch. 156 § 156-9, tenants have an interest in knowing whether their dwelling or lodging unit meets the occupancy standards tied to room size. If a unit appears to be overcrowded beyond what the ordinance permits, tenants may raise this as a housing-code concern with the appropriate local code enforcement authority. Tenant-rights organizations familiar with New York housing law can help explain how occupancy violations under provisions like § 156-9 may relate to broader habitability rights.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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