Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-5
Maximum occupancy
Operative Text
A. The maximum number of occupants permitted in any unit shall be determined as follows: (1) In any rooming or dwelling unit, the maximum number of occupants permitted in any one bedroom shall be determined as follows: one occupant per bedroom having a floor area of at least 80 square feet but less than 120 square feet; two occupants per bedroom having a floor area of at least 120 square feet but less than 180 square feet; and three occupants per bedroom having a floor area of 180 square feet or more. Where more than three persons occupy any room used for sleeping purposes, the required floor area shall be increased at the rate of 60 square feet for each occupant in excess of three. (2) It shall be an offense for an owner, operator, renter, manager or other person in charge or in control of any rooming or dwelling unit to allow occupancy in excess of the provisions hereof. (3) It shall be a separate offense for an owner, operator, renter, manager or other person in charge of any rooming or dwelling unit to convert any room into a bedroom without the written permission of the Building Inspector. B. The maximum number of occupants in buildings occupied as clubs, dormitories or sorority or fraternity houses and providing sleeping accommodations for more than five persons shall be no more than one occupant per 50 square feet of any habitable room, other than a kitchen.
Patchogue, N.Y., Code of Ordinances ch. 238 § 238-5 sets occupancy limits for residential units based on bedroom floor area: a bedroom under 120 square feet may house one person, one between 120 and 179 square feet may house two, and one of 180 square feet or more may house three, with additional space required beyond three occupants. For group living facilities such as clubs, dormitories, and fraternity or sorority houses, the rule caps occupancy at one person per 50 square feet of habitable space (excluding kitchens). Converting any room into a bedroom without written Building Inspector approval is treated as a separate offense under this section.
Plain English — not legal advice.
Operators and owners subject to § 238-5 generally maintain records of each bedroom's floor area and ensure that the number of residents in each unit does not exceed the thresholds tied to those measurements. Converting a space into a sleeping room requires obtaining written permission from the Building Inspector before any such use begins, since each unauthorized conversion is treated as a distinct offense. Owners of club-style or dormitory buildings should calculate habitable room square footage separately to confirm compliance with the one-occupant-per-50-square-foot standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 238-5, tenants have a right to live in a unit that is not overcrowded beyond the limits the ordinance sets, and an owner or operator who allows excess occupancy is committing an offense under Patchogue's Code of Ordinances. If a tenant believes a landlord is violating these occupancy standards—for example, by cramming more residents into a bedroom than its square footage permits—they may report the condition to the Patchogue Building Department or a local code enforcement office. Tenant-rights organizations familiar with Suffolk County housing codes can help residents understand what documentation or complaint process may be available to them.
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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