Thomaston, N.Y., Code of Ordinances ch. 116 (eCode360 ed. 2026) § 116-6
Maximum occupancy of dwellings
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable space, as follows: one occupant per room having floor area of at least 100 but less than 120 square feet, two occupants per room having floor area of at least 120 but less than 180 square feet and three occupants per room having floor area of 180 or more square feet. B. The use of any room for sleeping purposes by more than two adults is prohibited. Children aged four to 12 years, inclusive, shall be counted as one-half (1/2) an adult person. For each adult permitted to occupy a room, one child under the age of four years may also sleep in the room.
Thomaston, N.Y., Code of Ordinances ch. 116 § 116-6 sets maximum occupancy limits for dwelling units based on the floor area of each habitable room, ranging from one occupant in smaller rooms to three in larger ones. Separately, no sleeping room may be used by more than two adults, with children aged 4–12 counted as half an adult and infants under four permitted alongside each adult occupant. These rules establish a floor-area-based formula that caps how many people may lawfully live in or sleep within any given room.
Plain English — not legal advice.
Under Thomaston, N.Y., Code of Ordinances ch. 116 § 116-6, compliant property operators generally calculate the maximum permitted occupancy for each habitable room by measuring its floor area and applying the tiered formula set out in the ordinance. Operators also ensure that no sleeping room is assigned to more than two adults, applying the fractional counting rule for children aged 4–12 and the infant allowance when determining room capacity. Maintaining accurate floor-area records and communicating occupancy limits clearly in lease agreements are practices commonly associated with compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Thomaston, N.Y., Code of Ordinances ch. 116 § 116-6 establishes occupancy standards that protect residents by ensuring habitable rooms are not overcrowded beyond what the floor area can lawfully support. Tenants who believe a landlord is violating these limits—whether by overcrowding a unit or misrepresenting room capacity—may consider raising the violation with local code enforcement authorities or a tenant-rights organization familiar with Thomaston housing law. Understanding how the ordinance's adult-counting and infant-allowance rules apply to a household's composition can be an important starting point when evaluating whether a unit's assigned occupancy is lawful.
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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