N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2076
Prohibited occupancies (New York City Housing Maintenance Code)
Operative Text
a. No kitchen shall be occupied for sleeping purposes. b. No rooming unit shall be occupied by a family with a child under the age of sixteen years, except that if a child is born to a family residing in such accommodations, the unlawful occupancy shall not commence until one year after the birth of such child. In any case where such an unlawful occupancy continues for ten days after the service of a notice of violation upon both the tenant and owner, the department may, in addition to all other remedies, institute a proceeding for an injunction pursuant to article four of subchapter five of this chapter to obtain an order requiring that such violation be remedied by eviction or removal of the tenant. The provisions of this subdivision shall not prohibit such occupancy (1) in rooming units operated without profit by an educational, religious or charitable institution of the type described and for the purposes set forth in subdivision a of section 27-2077 of this article, or (2) in a summer resort dwelling.
N.Y.C. Admin. Code §§ 27-2001 and 27-2076 establish two distinct occupancy prohibitions in residential housing. First, kitchens may not be used as sleeping quarters under any circumstances. Second, rooming units—shared or single-room accommodations—may not be occupied by a family that includes a child under sixteen years old, though a one-year grace period applies if a child is born to a family already living in such a unit. Exceptions exist for nonprofit educational, religious, or charitable institutions of the type described in § 27-2077, and for summer resort dwellings. If an unlawful rooming-unit occupancy continues for ten days after a notice of violation is served on both the tenant and owner, the city department may seek a court injunction to remedy the situation.
Plain English — not legal advice.
Operators subject to N.Y.C. Admin. Code §§ 27-2001 and 27-2076 generally ensure that no kitchen space within their buildings is designated, advertised, or permitted to be used as a sleeping area. For rooming units, compliant operators monitor household composition and understand that housing a family with a child under sixteen in such a unit is prohibited—with the limited exception for qualifying nonprofit or summer resort properties described in § 27-2077. When a notice of violation is served under this provision, operators are generally expected to act promptly, as the department may pursue injunctive relief if the unlawful occupancy persists beyond ten days of notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2076, tenants have a right to know that kitchens cannot lawfully be used as sleeping spaces, and that rooming units are not permitted accommodations for families with children under sixteen—except during a one-year grace period following the birth of a child in an already-occupied unit. Tenants who believe their housing conditions may implicate these provisions can document their circumstances and reach out to the New York City Department of Housing Preservation and Development, which has authority to issue notices of violation and seek enforcement. Tenant-rights organizations in New York City can also help residents understand how these occupancy rules may apply to their housing situation and what general options exist for raising concerns.
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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