Massena, N.Y., Code of Ordinances ch. 186 (eCode360 ed. 2026) § 186-11
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) One occupant per room having floor area of at least 80 but less than 120 square feet. (2) Two occupants per room having floor area of at least 120 but less than 180 square feet. (3) 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.
Section 186-11 of Massena's Code of Ordinances establishes how many people may legally occupy a room in a residential dwelling or lodging unit based on that room's floor area, excluding kitchens. Rooms between 80 and 119 square feet may hold one occupant, rooms between 120 and 179 square feet may hold two, and rooms of 180 or more square feet may hold three. For group living arrangements such as dormitories, clubs, 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 residential rental properties in Massena must ensure that occupancy levels in each habitable room — excluding kitchens — comply with the square-footage thresholds set out in § 186-11. Compliant operators typically document the floor area of each habitable room and use those measurements to establish the maximum permitted occupancy for each unit. Owners of dormitories, clubs, or Greek-letter housing accommodating more than five persons apply the separate per-50-square-foot 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 § 186-11 of Massena's Code of Ordinances, tenants have a right to live in units where occupancy limits are set by objective room-size standards, not arbitrary landlord decisions. If a landlord attempts to restrict occupancy below what the square-footage formula allows, or conversely crowds a unit beyond those limits, that may constitute a code violation. Tenants who believe occupancy rules are being misapplied can contact the local code enforcement office, consult a tenant-rights organization, or raise the provision as relevant in any housing dispute proceeding.
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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