Mount Kisco, N.Y., Code of Ordinances ch. 72 (eCode360 ed. 2026) § 72-8
Maximum occupancy
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of 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.
Mount Kisco, N.Y., Code of Ordinances ch. 72 § 72-8 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. In standard dwelling and lodging units, a room's capacity ranges from one occupant for rooms between 80 and 119 square feet up to three occupants for rooms of 180 square feet or more. 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 ch. 72 § 72-8 generally measure the floor area of each habitable room—excluding kitchens—to determine the lawful maximum number of occupants per room. Compliant operators typically document these calculations and apply them consistently when screening or housing residents in both dwelling units and lodging units. For group facilities like dormitories or fraternity houses, operators generally apply the square-footage-divided-by-50 formula to each sleeping room to stay within the code's limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mount Kisco, N.Y., Code of Ordinances ch. 72 § 72-8, tenants have a right to live in spaces that are not overcrowded beyond the limits set by the room's measured floor area. If a tenant believes a unit is being rented or maintained in violation of these occupancy standards, general enforcement paths include filing a complaint with the local code enforcement or housing office, raising the violation in any relevant housing proceeding, or consulting a tenant-rights organization familiar with Westchester County housing law.
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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