Hornell, N.Y., Code of Ordinances ch. 178 § 178-9
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 a 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 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.
Section 178-9 of Hornell's Code of Ordinances establishes maximum occupancy limits for residential spaces based on room size. In standard dwelling and lodging units, the number of permitted occupants in any habitable room (excluding kitchens) scales with floor area: one person for rooms between 80 and 119 square feet, two for rooms between 120 and 179 square feet, and three for rooms of 180 or more square feet. For group living arrangements 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.
Operators of rental properties in Hornell should be familiar with § 178-9 and ensure that each habitable room is occupied only up to the number of persons permitted by its measured floor area. Compliant landlords typically document the square footage of each habitable room and use those measurements to establish and communicate maximum occupancy limits to tenants. Operators of dormitories, fraternities, sororities, or clubs with sleeping accommodations for more than five persons apply the separate 50-square-feet-per-occupant formula when determining room capacity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 178-9 of Hornell's Code of Ordinances, tenants have a right to live in units where occupancy limits are set according to the actual floor area of habitable rooms, not arbitrary caps imposed by a landlord. If a landlord appears to be enforcing occupancy limits that are more restrictive than what the room's square footage would allow under this provision, tenants may consider raising that discrepancy with local code enforcement or housing officials. Tenant-rights organizations familiar with New York housing law can help residents understand how this provision interacts with other protections and what options may be available.
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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