Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-8
Maximum occupancy
Operative Text
A. Calculation. For the purposes of this regulation, each person 12 years of age and older shall be counted as one person. Children more than one year old but less than 12 years old shall be deemed to be 1/2 person, and infants up to one year old shall not be counted. The floor area shall be based upon the area of habitable rooms contained within the living unit, exclusive of utility and storage rooms, halls, closets, porches and any connecting spaces. Any area in a habitable room which has a ceiling height of less than five feet shall not be counted or included in the computation of the space. B. Dwelling units. (1) Every dwelling unit shall have at least 120 square feet of habitable floor space for the first occupant, plus 70 square feet of habitable floor space for each additional occupant. Each dwelling unit shall contain one habitable room with at least 120 square feet of floor area and a minimum horizontal dimension of eight feet. Any additional habitable rooms shall have a minimum floor area of 70 square feet and a minimum horizontal dimension of seven feet. (2) Mixed occupancies; apartments. All new dwelling units subject to §§ 250-18F and 250-19E shall have 400 square feet of habitable space for each efficiency or one-bedroom (sleeping room) apartment, and each additional sleeping room shall have 100 square feet of habitable space. C. Sleeping rooms. No room in any dwelling unit or rooming unit shall be used for sleeping purposes unless there is a minimum habitable floor space of 70 square feet for the first occupant and minimum habitable floor space of 50 square feet for each additional occupant. D. Ceiling height. At least 1/2 of the floor space of any habitable room must have an average ceiling height of at least seven feet six inches. Portions of floor spaces having ceiling heights less than five feet shall not be counted.
Section 161-8 of Port Jefferson's Code of Ordinances establishes how maximum occupancy is calculated for dwelling units and sleeping rooms. It sets minimum habitable floor-space requirements per occupant, with different thresholds depending on age (infants under one year are not counted, children aged one to twelve count as half a person, and everyone twelve and older counts as one full person). The rule also specifies minimum room dimensions and ceiling heights that qualify space as habitable, ensuring that cramped or low-ceilinged areas cannot be used to inflate a unit's legal capacity.
Plain English — not legal advice.
Operators of rental housing in Port Jefferson must ensure that each dwelling unit meets the per-occupant floor-space minimums set out in § 161-8 before leasing or re-leasing a unit. A compliant operator calculates habitable area by excluding storage rooms, halls, closets, porches, and any ceiling sections below five feet, and verifies that at least half of each habitable room reaches the seven-foot-six-inch average ceiling height threshold. For mixed-occupancy or new apartment buildings subject to the referenced zoning sections, operators also confirm that efficiency and one-bedroom units contain at least 400 square feet of habitable space, with 100 square feet added for each additional sleeping room.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 161-8, tenants in Port Jefferson have a right to occupy a unit that meets minimum space standards — including at least 120 square feet of habitable floor space for the first occupant and 70 square feet for each additional occupant, with sleeping rooms requiring at least 70 square feet for the first sleeper. If a unit appears to fall short of these standards, tenants may raise the violation with local code enforcement or housing authorities in Port Jefferson. Tenant-rights organizations familiar with New York housing code can help residents understand how the occupancy calculation applies to their household composition, including the age-based counting rules established in this section.
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.
Effective Timeline
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