Jamestown, N.Y., Code of Ordinances ch. 215 § 215-9
Maximum occupancy
Operative Text
In dwelling units other than one- and two-family dwellings, 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: A. One occupant per room having a floor area of at least 70 square feet, two occupants per room having a floor area of at least 120 square feet, and three occupants per room having a floor area of at least 180 square feet. B. In every dwelling unit every room occupied for sleeping purposes by one occupant shall have a minimum gross floor area of at least 70 square feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof. C. In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. D. In buildings occupied as clubs, dormitories and 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 215-9 of Jamestown's Code of Ordinances establishes maximum occupancy limits for multi-family dwelling units, lodging units, and group living facilities such as clubs, dormitories, and fraternity or sorority houses based on the floor area of habitable rooms (excluding kitchens). For standard dwelling units, the number of permitted occupants scales with room size—starting at one occupant per 70 square feet and increasing from there—while sleeping rooms must meet minimum per-person floor area requirements. Buildings like dormitories that house more than five people must calculate occupancy by dividing the room's square footage by 50 square feet per occupant. One- and two-family dwellings are not subject to these specific occupancy calculations under this section.
Plain English — not legal advice.
Operators of multi-family rental properties in Jamestown should be familiar with the occupancy formulas set out in § 215-9 and apply them when determining how many residents may lawfully occupy each unit. Compliant operators typically calculate the floor area of each habitable room (excluding kitchens), apply the tiered square-footage thresholds for general rooms, and verify that any sleeping room meets the minimum per-occupant floor area before a tenancy begins. Managers of dormitories, clubs, or fraternity and sorority houses that accommodate more than five persons generally track room square footage and divide by 50 to establish the allowable occupant count for each habitable room.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 215-9 of Jamestown's Code of Ordinances, tenants in multi-family housing have a right to occupancy conditions that meet the minimum floor-area standards set by this provision, including adequate space in any room used for sleeping. If a tenant believes a unit is being rented in a configuration that violates these occupancy or sleeping-room area requirements, they may consider documenting the conditions and contacting the appropriate Jamestown code enforcement office to report a potential violation. Tenant-rights organizations familiar with local housing codes can help residents understand how the occupancy formulas in § 215-9 apply to their living situation 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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