Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-52
Maximum occupancy
Operative Text
Occupants shall be responsible for limiting occupancy of that part of the premises that they occupy or control to the maximum permitted by this code.
Section 54-52 of Pelham's Code of Ordinances places the responsibility for keeping occupancy within permitted limits on the occupants themselves, not solely on the property owner. The rule means that whoever lives in or controls a portion of a rental unit or building must ensure the number of people in that space does not exceed the maximum allowed under the code. This shifts at least some compliance duty directly to the people residing in the space.
Plain English — not legal advice.
Under § 54-52, occupants bear direct responsibility for maintaining lawful occupancy levels in the portions of the premises they control, but property owners and managers generally benefit from clearly communicating maximum occupancy limits to residents at the time of leasing. Compliant operators typically document permitted occupancy figures in lease agreements and post or provide relevant code references so tenants are informed of their obligations under this provision. Keeping records of disclosed occupancy limits can be a useful part of routine property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-52 places the duty to limit occupancy squarely on the occupants who live in or control a given portion of the premises, meaning tenants can be held responsible if the number of people in their unit exceeds what Pelham's code permits. Tenants who have questions about what the maximum occupancy limit is for their specific unit may wish to review their lease, contact the Village of Pelham's code enforcement office, or reach out to a local tenant-rights organization for general guidance. Understanding the occupancy limits that apply under this provision can help tenants avoid potential violations.
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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