Watervliet, N.Y., Code of Ordinances ch. 175 § 175-23
Maximum occupancy
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor area of habitable rooms, other than kitchens, as follows: (1) One occupant per room having a floor area of at least 80 but less than 120 square feet; (2) Two occupants per room having a floor area of at least 120 but less than 180 square feet; and (3) Three occupants per room having a floor area of 180 or more square feet. B. In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. C. In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
Section 175-23 of Watervliet's Code of Ordinances establishes maximum occupancy limits for residential spaces based on room size. In standard dwelling and lodging units, a room must have at least 80 square feet to house one person, at least 120 square feet for two, and at least 180 square feet for three. In group-living facilities such as dormitories, clubs, and fraternity or sorority houses with more than five sleeping occupants, the limit is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Operators of residential rental properties in Watervliet must ensure that each habitable room—excluding kitchens—is not occupied beyond the limits set by § 175-23. Compliant landlords typically verify room dimensions before leasing and structure their rental agreements so that the number of permitted occupants aligns with the applicable square-footage thresholds. Operators of group-living facilities such as dormitories or fraternity houses should apply the separate per-50-square-foot formula when determining allowable sleeping-room capacity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 175-23 gives tenants a basis for understanding how many people may lawfully occupy the rooms in their unit, based on each room's floor area. If a landlord attempts to restrict occupancy below these minimums or, conversely, if overcrowding conditions arise, tenants can reference this provision when raising concerns with local housing or code-enforcement officials in Watervliet. Tenant-rights organizations can help residents understand how these occupancy standards interact with their lease and broader housing rights.
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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