Rye, N.Y., Code of Ordinances ch. 108 § 108-9
Occupancy classification of buildings
Operative Text
Buildings, for the purpose of this chapter, shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings. Buildings containing one or two dwelling units with less than four lodgers residing with a family in either one of such dwelling units. B. Multiple dwellings. (1) Buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units. (2) Buildings containing three or more dwelling units. (3) Apartment houses and apartment hotels. (4) Lodging houses. (5) Buildings with sleeping accommodations for more than five persons, used or occupied as a club, dormitory, fraternity or sorority house or for similar uses. (6) Garden apartments. C. Accessory structures. Garages, carports and similar-type structures on residential premises.
Section 108-9 of Rye, N.Y., Code of Ordinances Chapter 108 establishes how residential buildings are sorted into occupancy categories for regulatory purposes. The three main classifications are one- and two-family dwellings, multiple dwellings, and accessory structures. A building's classification depends on factors such as the number of dwelling units it contains, the number of lodgers residing with a family, and the nature of the use—such as a dormitory, club, or garden apartment complex.
Plain English — not legal advice.
Under § 108-9, property owners and managers in Rye should be aware that the occupancy classification assigned to a building determines which regulatory requirements apply throughout Chapter 108. A one- or two-family dwelling with more than four lodgers residing with a family, for example, shifts into the multiple-dwelling category, which typically carries a different set of obligations. Operators generally keep accurate records of unit counts, lodger arrangements, and building uses to ensure the correct classification is applied and maintained.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 108-9 of Rye's Chapter 108 affects tenants because the classification of a building—whether it is treated as a one- and two-family dwelling or a multiple dwelling—can determine what protections and standards apply to the place where they live. Tenants in buildings such as lodging houses, dormitories, or garden apartments fall under the multiple-dwelling category, which may carry distinct habitability and safety requirements. Those who believe their building has been misclassified or that applicable standards are not being met may consider contacting the City of Rye's relevant municipal office or reaching out to 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 November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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