Understanding Occupancy Limits for New York Renters

Living with roommates or family members in rented housing is common in New York, but there are laws that regulate how many people can reside in a rental unit. Understanding these occupancy limits, and the rules around overcrowding, can help you protect your rights and avoid eviction. This guide breaks down New York’s key laws regarding how many people may live in an apartment or house, and what to do if your landlord challenges your living situation.

What Are Occupancy Limits in New York?

Occupancy limits set the maximum number of people allowed to live in a residential unit. In New York, both state law and local building codes influence these limits, primarily to ensure health and safety in shared housing environments.

• New York State Multiple Dwelling Law (MDL) and New York City Housing Maintenance Code are the main sources of occupancy rules.
• Generally, these laws allow one person per 80 square feet of floor space in each habitable room. Children under one year old are often not counted towards the limit.^[1]
• Additional rules may apply in cities or municipalities outside New York City, so check your local code or contact your local housing authority.

Can My Landlord Limit the Number of Occupants?

New York's Real Property Law § 235-f (the "Roommate Law") protects renters’ rights to live with immediate family or at least one unrelated roommate, even if their names are not on the lease.^[2]

• You may share your home with immediate family, plus one additional occupant and their dependent children, regardless of the lease's listed occupants.
• Landlords can require you to formally notify them of new roommates within 30 days of moving in.
• Local fire or health codes may still set stricter limits based on square footage or safety concerns.

Understanding Overcrowding Laws

Overcrowding refers to having more people in a dwelling than the law permits, based on space, safety, and health standards.

• The NYC Housing Maintenance Code and local codes specify minimum room sizes and allowable occupant counts.
• For example, in New York City, the law requires 80 square feet per person per room and no room may sleep more than two adults, with some exceptions for children.^[1]
• Enforcement is typically managed by local housing or building departments.

If your living arrangement exceeds these limits, a landlord may ask you to reduce the number of occupants, or housing authorities may issue violations. However, landlords cannot evict you just for legally having a roommate or immediate family members (so long as you comply with safety codes).

What Happens If There’s a Dispute Over Occupancy?

If a landlord accuses you of violating occupancy limits:

• They must provide a written notice explaining the issue.
• You typically have time to correct the situation before a court action is taken.
• If you believe you are within your rights (for example, under Real Property Law § 235-f), you can respond in writing and provide evidence.

Official Forms and How to Use Them

• Notice to Landlord – Addition of Occupant (No Official State Form Number): Required under Real Property Law § 235-f. Use this when adding a roommate or new immediate family member.
  How to use: Notify your landlord in writing within 30 days of someone moving in, stating the new occupant’s name, relationship (e.g., roommate, child), and move-in date. This can be a simple signed letter or email.
  Where to find: See this model roommate notification letter from NYC Housing Preservation & Development.
• Housing Maintenance Complaint: If you believe you are being harassed or threatened with eviction for legal occupancy, you can submit a housing complaint.
  How to use: File online or by calling 311 in NYC, or contact your local housing office. See official instructions from NYC HPD Tenant Rights.

Which Tribunal Handles Rental Disputes?

The New York City Housing Court and other branches of the New York State Unified Court System address residential tenancy disputes such as evictions and occupancy disagreements.^[3]

Frequently Asked Questions (FAQ)

1. How many people can legally live in my New York apartment? – Generally, one person per 80 square feet of each livable room is allowed. You can also have immediate family plus one roommate (and that roommate's immediate family), even if they are not on the lease. Always check local codes for stricter rules.
2. Can my landlord stop me from living with a roommate? – No, New York’s Roommate Law protects your right to have one unrelated roommate and their children, so long as you properly notify your landlord and do not exceed local occupancy limits.
3. What should I do if my landlord claims I am overcrowding? – Ask for a written explanation, check your rights under state and local laws, and provide written notice or evidence if you are within legal limits. Consider contacting tenant advocacy services if threatened with eviction.
4. Do minors count toward occupancy limits? – Children under one year old usually do not count toward occupancy limits. Otherwise, minors generally do count, but exceptions may apply—especially for newborns.
5. Where can I file a complaint about a landlord threatening eviction over occupancy? – In NYC, file a complaint with 311, or contact your city's housing enforcement office. You may also seek a resolution through New York Housing Court if legal action is taken.

Key Takeaways for Renters

• New York law allows at least one roommate and immediate family in rental units; local codes may add further restrictions.
• Landlords can set reasonable occupancy limits for safety, but must follow state law and cannot unreasonably prohibit roommates.
• Notify your landlord in writing if you add a roommate, and always seek support if threatened with eviction for legal occupancy.

Need Help? Resources for Renters

• NYC Department of Housing Preservation & Development – Tenant Rights
• New York City Housing Court and New York State Unified Court System
• New York State Attorney General – Tenants’ Rights Guide
• NYC 311 – Housing Complaints and Help

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1. NYC Housing Maintenance Code. View official code here (see § 27-2075: Minimum Space and Occupancy Requirements).
2. New York Real Property Law § 235-f (Roommate Law). Read the full statute here.
3. New York State Unified Court System – Housing Court. Access the official court overview.

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