Garden City, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-10
Occupancy classification of buildings
Operative Text
Buildings, for the purpose of this code, shall be classified in respect to their occupancies as follows: A. One-family dwellings: buildings containing not more than one dwelling unit occupied exclusively for residential purposes by the immediate family of the owner or tenant, not having more than one kitchen or one kitchenette and with not more than two lodgers or boarders residing with a family. B. Two-family dwellings: buildings containing two dwelling units with not more than two lodgers residing with a family in either one of such dwelling units. C. Multiple dwellings: buildings containing three or more dwelling units; buildings with sleeping accommodations for more than two persons, used or occupied as a dormitory or for similar uses; garden apartments. D. Accessory structures: garages and similar-type structures on residential premises.
Garden City Code ch. 127 § 127-10 establishes four occupancy classifications for residential buildings: one-family dwellings (a single unit occupied by the owner's or tenant's immediate family, with limited lodgers), two-family dwellings (two units, again with a cap on lodgers per unit), multiple dwellings (three or more units, dormitories, or garden apartments), and accessory structures such as garages. These classifications determine how a building is categorized under the local housing code, which in turn affects what rules and requirements apply to it. The distinctions hinge on factors like the number of dwelling units, the relationship of occupants to the owner or tenant, and the presence of lodgers or boarders.
Plain English — not legal advice.
Under Garden City Code ch. 127 § 127-10, property owners and managers generally ensure that each building they operate is correctly identified within one of the four defined occupancy classes before applying other code requirements. A compliant operator tracks the number of dwelling units, the number of lodgers or boarders residing on the premises, and whether occupants qualify as the immediate family of the owner or tenant, since exceeding the stated thresholds can shift a property into a different classification. Operators managing structures that may straddle classifications—such as a home with multiple lodgers or a converted garage—typically confirm the correct category to ensure the right set of code obligations applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Garden City Code ch. 127 § 127-10 defines the occupancy class of the building where a tenant lives, which can affect what protections and requirements apply to that dwelling. Tenants in one-family or two-family dwellings should be aware that the code limits the number of lodgers or boarders permitted, and that the classification of their building may change if those limits are exceeded. Tenants who believe their building has been misclassified, or that conditions in their home reflect a different occupancy type than what is on record, may wish to consult the local building or housing department or a tenant-rights organization for general information about how § 127-10 classifications affect their 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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