N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2075
Maximum permitted occupancy (New York City Housing Maintenance Code)
Operative Text
a. No dwelling unit shall be occupied by a greater number of persons than is permitted by this section. (1) Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total livable floor area of the apartment by eighty square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than eighty square feet shall be counted in determining the maximum permitted occupancy for such apartment. The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded. (2) A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than one hundred ten square feet in a rooming house, or one hundred thirty square feet in a single room occupancy. b. The maximum number of persons who may occupy a dormitory shall not exceed the occupancy permitted under section sixty-six of the multiple dwelling law, and the regulations issued thereunder by the department. c. On written demand by the department, or by the owner when he or she rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy. d. In any case where the birth of a child or its attainment of the age of four causes the number of persons or children to exceed the maximum occupancy permitted in this section, such excess occupancy shall be permissible until one year after such event. e. In every rooming unit, a sign shall be posted showing the maximum lawful occupancy. Such sign shall be made and installed in the manner and location prescribed by the department and shall be maintained at all times.
N.Y.C. Admin. Code §§ 27-2001 and 27-2075 establish how the maximum number of occupants in a dwelling unit is calculated. For most apartments, the rule divides the total livable floor area (including kitchens but excluding private halls, foyers, and bathrooms) by 80 square feet per person, with an additional allowance for children under four. Special rules apply to rooming units, single room occupancies, and dormitories, and a one-year grace period is provided when a birth or a child turning four causes occupancy to temporarily exceed the permitted maximum.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2075, compliant property owners and managers calculate the lawful occupancy limit for each unit by measuring total livable floor area and applying the 80-square-foot-per-person formula before renting. Owners are permitted to request a written affidavit from tenants at the time of rental or afterward disclosing the names, relationships, and ages of all occupants, and may make additional written demands if occupancy increases. Operators of rooming units are required to post a sign showing the maximum lawful occupancy in the manner and location prescribed by the department.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 and 27-2075 set out the occupancy limits that apply to your dwelling and also define the circumstances under which a landlord may request an affidavit about who lives in the unit. Tenants should be aware that a one-year grace period applies if a birth or a child reaching age four causes occupancy to exceed the permitted maximum, meaning that temporary excess occupancy is lawful during that window. Tenants who have questions about how these limits are calculated or enforced may consult the New York City Department of Housing Preservation and Development or a local tenant-rights organization for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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