Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-11
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 a floor area of at least 80 but less than 120 square feet. (2) Two occupants per room having a floor area of at least 120 but less than 180 square feet. (3) Three occupants per room having a floor area of 180 or more square feet. B. In rooming houses, 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 as the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
Mount Vernon Code ch. 149 § 149-11 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. In standard dwelling units and rooming houses, a room of 80–119 square feet may house one person, 120–179 square feet allows two, and 180 or more square feet allows three. 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 operating under ch. 149 § 149-11 generally maintain records of the floor area of each habitable room and use those measurements to determine the maximum number of residents permitted per unit. Compliant operators avoid renting or leasing to a number of occupants that exceeds the thresholds set by the ordinance, and they apply the separate 50-square-feet-per-person formula when managing dormitories, clubs, or similar group-sleeping facilities. Keeping accurate floor-plan documentation on file supports consistent compliance across all unit types covered by the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mount Vernon Code ch. 149 § 149-11, tenants have a right to live in a unit that is not overcrowded beyond the occupancy limits the ordinance establishes based on room size. If a tenant believes a landlord is housing more occupants than the code permits, general enforcement paths include filing a complaint with the local housing or code enforcement office or reaching out to a tenant-rights organization familiar with Mount Vernon regulations. Tenants may also be able to raise a violation of § 149-11 as a relevant factor in housing court proceedings related to habitability.
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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