Occupancy Laws in New York (2026): What You Really Need to Know

Most people have no idea how strict New York’s occupancy laws actually are. Seriously. You could be breaking the law right now without even realizing it. New York takes housing violations seriously, and the penalties can hit hard.

Here’s the thing: occupancy laws are everywhere in New York. They affect apartment dwellers, landlords, renters, and even homeowners. Whether you’re living in a tiny studio or running a rental property, these rules apply to you. Let’s break down exactly what you need to know.

What Are Occupancy Laws?

Occupancy laws are rules that control how many people can legally live in a rental unit or home. Think of it like a fire safety requirement, because that’s basically what it is. Too many people in one space creates dangers. Overcrowded apartments increase fire risks, strain water and electrical systems, and create health hazards.

New York’s occupancy standards aren’t just suggestions. They’re legal requirements backed by the NYC Housing Maintenance Code. Breaking them can result in fines, legal action, and even eviction. Pretty straightforward, right?

The Basic Rule: The Two Plus One Standard

Here’s where it gets important. New York uses what’s called the “two plus one” rule. This means you can legally occupy a room if it has at least 150 square feet for the first occupant and 100 square feet for each additional occupant.

Wait, let me break that down differently. Your bedroom can legally have two people in it if it’s at least 150 square feet. Each additional person needs another 100 square feet of space. So a 250-square-foot bedroom could legally house three people. A 350-square-foot bedroom could have four people.

The key word here is “bedroom.” Not a living room. Not a hallway. An actual bedroom with proper sleeping accommodations and egress windows. This matters more than you’d think.

What Makes a Legal Bedroom?

You’re probably wondering: what exactly counts as a bedroom? Not every room in your apartment qualifies. This is actually one place most people get it wrong.

A legal bedroom must have a few specific features. First, it needs a minimum ceiling height of 7.5 feet. That might sound random, but it’s a safety and livability standard. Second, it must have a window that opens to the outside. Not a fake window. Not a window that opens to an interior courtyard. An actual outside window. This is for emergency egress if there’s a fire.

Third, the bedroom needs to have at least 70 square feet of floor space. That’s your minimum. And honestly, this is the part most people miss. A tiny closet with a window isn’t a legal bedroom. Got it?

There’s more. The window itself has to meet size requirements. It needs to have an opening of at least 8 percent of the room’s floor area, with a minimum of 10 square feet. The window sill can’t be more than 44 inches from the floor. These seem oddly specific, but they all exist for safety reasons.

Occupancy Requirements for Different Unit Types

Hold on, this part is important. The rules actually change based on the type of housing. A studio apartment has different requirements than a two-bedroom. Let me break this down clearly.

For a studio apartment, only one person can legally live there. A studio is defined as a unit without a separate bedroom. You can’t subdivide a studio into a bedroom and living room and suddenly house two people. That’s not how it works.

For a one-bedroom apartment, you can legally have two people occupying it. The bedroom counts as one person, and the living room (combined with other living space) counts as another. Some people try to use the living room as a second bedroom, but that doesn’t automatically increase the legal occupancy.

A two-bedroom apartment can legally house four people. Two bedrooms, plus the shared living spaces, equals four. A three-bedroom can house six people. The pattern continues: you add two people per bedroom, starting with two for the first bedroom.

The Subletting and Owner-Occupancy Rule

Okay, pause. Read this carefully. There’s actually a difference between legal occupancy when you’re the owner versus when you’re renting from a landlord.

If you own your home, the rules are slightly more flexible. You have a bit more freedom in how you use your spaces. But if you’re renting, the landlord controls the legal occupancy limits, not you.

Here’s where subletting comes in. In New York, you can’t just rent out rooms in your apartment without landlord permission. Many lease agreements specifically forbid subletting or limit it. If you’re renting a one-bedroom and try to rent the bedroom to someone else, you could be violating your lease agreement. You could also be violating occupancy laws.

Subletting creates a gray area. Technically, if you sublet a room, you’re creating a new household in the unit. That could trigger occupancy violations. You’re not alone, this confuses a lot of people. Many folks rent out rooms thinking they’re being resourceful. Then they get hit with violations.

Short-Term Rentals and the Airbnb Impact

This one’s getting stricter in New York, and honestly, it matters. Short-term rentals used to be a gray area. Now they’re heavily regulated, especially in New York City.

New York State law now restricts short-term rentals in buildings with three or more units. If you live in an apartment building and try to list your place on Airbnb, you’re probably breaking the law. Seriously. The owner or leaseholder of the building must be present during the rental period. That basically eliminates most short-term rentals.

There’s a narrow exception if you’re renting your primary residence for fewer than 30 days while you’re staying elsewhere. But even that has limits. You can’t do it more than a certain number of days per year.

The fines for illegal short-term rentals are substantial. You could face fines up to $5,000 or more per violation. If you repeatedly list your apartment illegally, the penalties keep climbing.

Hotel Licensing and Commercial Occupancy

Now, here’s where things get interesting. If you want to legally operate short-term rentals, you pretty much need to get into the hotel business. And that requires licensing from the city.

Operating an unlicensed hotel is illegal in New York. If you’re providing lodging to people on a short-term basis and making money from it, you need proper licenses and permits. This applies whether you’re renting one apartment or ten.

The Department of Housing Preservation and Development (HPD) enforces these rules. If they find you’re operating an unlicensed hotel, you’ll face penalties. Buildings can be declared unfit for occupancy. Units can be sealed. The city takes this seriously.

Most landlords and property owners simply don’t rent short-term anymore. It’s easier to keep long-term tenants. The risk isn’t worth the reward.

What Triggers an Occupancy Investigation?

You’re probably wondering: how does the city even know if you’re overcrowding your apartment? Good question. Occupancy violations get reported in several ways.

Neighbors are the biggest source of complaints. Someone hears too many people moving around, sees too many names on the buzzer, or notices cars constantly coming and going. They call 311. The city responds with an investigation.

Also, landlords might conduct occupancy inspections. If the lease says two people can live there, and you’ve got five people in the unit, the landlord can take action. They can issue a violation. They can start eviction proceedings.

Building violations get discovered during housing inspections. HPD conducts inspections for various housing code violations. They might notice there are more people living in a unit than it legally allows.

Here’s a micro-story: I looked this up recently. The rules surprised me. A family moved into a two-bedroom apartment and added a third roommate because they needed to split rent. Three weeks later, a neighbor complained. HPD investigated. The landlord issued a violation. They had to ask the roommate to leave or face eviction.

Penalties for Occupancy Violations

Let’s get to the serious part. What actually happens when you break occupancy laws?

First, you get a violation. The city issues a violation notice. This is an official legal document stating that your unit is overcrowded. It goes on record.

Then comes the fine. Occupancy violations can result in fines ranging from $500 to several thousand dollars per violation. If multiple violations are found in the same building, the fines compound. You’re not just paying once. You might face ongoing fines if the violation persists.

Okay, this is where it gets really serious. The landlord can begin eviction proceedings. If you’re renting and you’re causing an occupancy violation, the landlord can evict you for being in violation of the lease agreement. This isn’t just a fine. This is losing your home.

For landlords, the penalties are harsher. If you’re a property owner permitting overcrowding, you can face significant fines. The building can be cited. Future violations lead to escalating penalties. A history of violations can affect your ability to get loans or sell the property.

The city can also order the building to correct the violation. That means reducing occupancy. If you’ve got eight people in a four-person unit, you’re going to be forced to remove the extra people. That’s not a suggestion. It’s a court order.

Special Circumstances: Family and Household Size

Okay, pause. This part can be tricky. The basic occupancy rules don’t always apply to families living together.

If you’re a family living as a single household, the rules are different. A parents plus three adult children living together might have more flexibility than unrelated strangers. Courts have recognized that families have different living arrangements.

But here’s where it gets fuzzy. If the three adult children have completely separate lives, separate incomes, and essentially function as separate households sharing a unit, you’ve got a different situation. That might constitute an illegal overcrowding situation even though they’re family.

It depends on whether they function as a single household. Are they pooling resources? Sharing food and utilities? Making household decisions together? Or is each person operating independently?

This is probably the most important rule. If you’ve got adult children living as independent households, you might be creating an occupancy violation. Even family members need to follow occupancy limits.

Accessible Housing and Disability Accommodations

Here’s something that doesn’t get enough attention. If someone in your household needs accessibility modifications for a disability, there are some special protections.

Under the Fair Housing Act, people with disabilities have the right to request reasonable accommodations. This might include allowing an additional caregiver to live in the unit to provide assistance.

So technically, you might be able to exceed normal occupancy limits if you have a household member with a disability who requires live-in care. But this isn’t automatic. You need to formally request the accommodation. The request needs to be supported by documentation from a healthcare provider.

This protects people with disabilities from being forced into overcrowded or unsafe situations. But it doesn’t give unlimited housing rights. The accommodation still needs to be reasonable and necessary.

How to Stay Compliant with Occupancy Laws

Honestly, this is the part most people need. Here’s what you should actually do.

First, know your apartment’s legal occupancy limit. Before you move in or sign a lease, ask the landlord or property manager. “What’s the legal occupancy for this unit?” Get it in writing if you can.

Second, count the actual occupants carefully. If it’s a one-bedroom, that’s two people. Period. Not two permanent residents plus a friend who sleeps over four nights a week. Not two people plus a roommate who’s “just visiting.” It’s two people.

Third, understand your lease. Your lease agreement might actually be more restrictive than housing codes. It might say “two adults” when the housing code allows more. Follow the more restrictive rule. That’s what’s enforceable.

Fourth, don’t try to use rooms illegally. That living room isn’t a bedroom. Converting it doesn’t change the legal occupancy. You can’t create bedrooms where the housing code doesn’t recognize them.

Fifth, if you want to rent out a room or sublet, get written permission from your landlord first. Don’t assume it’s okay. Get it in writing.

Reporting Occupancy Violations

If you suspect someone is violating occupancy laws, here’s what you can do.

In New York City, call 311. That’s the non-emergency number for housing complaints. You can report occupancy violations anonymously. Explain what you’re observing. The city will investigate.

Provide specific details. “I see multiple families moving in and out” is better than “I think they’re crowded.” “Three family-size grocery deliveries per week” suggests multiple households.

For the entire state of New York outside the city, contact your local housing authority or county health department. They handle housing violations outside the city.

But here’s an important reality check. Unless you have pretty clear evidence, investigations take time. The city has limited resources. Not every report leads to immediate action. But chronic complaints do eventually trigger investigations.

Recent Changes to New York Occupancy Laws

This deserves its own section because things have been changing. New York updated several housing regulations in recent years to address the housing shortage and short-term rental epidemic.

In 2023, New York City imposed stricter regulations on short-term rentals. The rules essentially banned most Airbnb-style rentals in buildings with three or more units. This was huge. It closed a major loophole.

The state also increased enforcement resources for housing violations. HPD has expanded its inspection teams. More violations are being caught. Fines are being imposed more frequently.

There’s been greater attention to illegal boarding houses and excessive occupancy situations. The city recognizes that housing pressure is driving people to create overcrowded living situations. The response has been more enforcement, not more flexibility.

As of 2025, these trends continue. New York is taking occupancy violations more seriously than ever before.

Special Rules for Shared Housing and Rooming Houses

Okay, this one’s for people living in shared housing situations. The rules change if you’re in what’s legally defined as a rooming house.

A rooming house is a property rented to multiple unrelated individuals with shared common areas. Think of it as a boarding house. These have different regulations than regular apartments.

Rooming houses need specific licensing. They can’t just operate. The owner needs to follow strict rules about occupancy, safety, and operations. Fire extinguishers, emergency lighting, and proper exits are required.

Not everyone living in shared housing is technically living in a legal rooming house. If the landlord hasn’t properly licensed it, occupants might be living in violation of housing codes.

The thing is, illegal rooming houses tend to have worse conditions. No proper fire safety. Overcrowded. Minimal maintenance. If you’re living in shared housing, verify that it’s legally licensed.

Frequently Asked Questions

Can I rent out my spare bedroom? It depends on your lease and whether your apartment is already at legal occupancy. If you’re in a one-bedroom and it legally houses two people, and you already have a roommate, you can’t add another renter. If you own your home and have extra space below occupancy limits, you likely can. Always check with your landlord first.

What if I have a live-in nanny or caregiver? This is similar to the disability accommodation issue. You might be able to exceed occupancy limits if you have a legitimate live-in assistant for childcare or elder care. You’ll need to demonstrate it’s necessary and maintain proper documentation. It’s not automatic though.

Does the occupancy limit include infants? Technically, yes. Infants count as occupants for occupancy calculation purposes. A one-bedroom apartment with two parents and a baby is at occupancy. Some jurisdictions have been more flexible with infant counting, but legally, they do count.

Can I report an occupancy violation anonymously? Yes. In NYC, you can call 311 and report housing violations anonymously. You don’t need to provide your name. The city will investigate based on the information you provide.

What’s the difference between occupancy violations and zoning violations? Occupancy violations deal with how many people live in a unit. Zoning violations deal with how a property is used (residential vs. commercial, for example). They’re different issues, though they sometimes overlap.

Final Thoughts

New York’s occupancy laws exist for real reasons. Fire safety. Public health. Neighborhood stability. These aren’t arbitrary rules designed to make housing harder. They’re protective regulations.

The bottom line? Know your legal occupancy limit. Respect it. Don’t try to squeeze extra people into your apartment for extra rent money. Don’t assume neighbors won’t notice. Don’t think occupancy enforcement has gone away. It hasn’t.

If you’re renting, have that conversation with your landlord. If you’re a landlord, stick to the rules. If you’re living in shared housing, verify it’s legally licensed. If you suspect violations, you can report them.

Now you know the basics. Stay informed, stay compliant, and when in doubt, contact your local housing authority or call 311 in New York City. They can give you specific guidance for your situation.

References

New York City Housing Maintenance Code – Chapter 4 – Official NYC housing code with detailed occupancy standards

NYC Department of Housing Preservation and Development (HPD) – Official housing authority for NYC enforcement

New York State Division of Homes and Community Renewal – State-level housing regulations and resources

311 New York – Report housing violations in New York City

New York State Housing Code – Article 4 – State-level occupancy requirements

NYC Short-Term Rental Law Summary – Recent changes to short-term rental restrictions

Fair Housing Act Information – Federal law protecting housing rights