Westchester — Ch. 7.128 Rental Residential Property Inspection and Licensing § 7.128.080
Owner responsibility
Operative Text
The owner(s) of a rental residential property shall inform each tenant, in writing, prior to occupancy, of the maximum number of persons, per dwelling unit, allowable by the Village property maintenance and/or dwelling code, as amended. The maximum number of persons per dwelling shall be determined by a Village inspector, in accordance with this Code and any and all adopted codes.
Westchester Ch. 7.128 § 7.128.080 establishes that rental property owners must provide written notice to each tenant—before the tenant moves in—stating the maximum number of occupants permitted in that dwelling unit under the Village's property maintenance and dwelling codes. The allowable occupancy limit is not set by the owner; it is determined by a Village inspector in accordance with applicable codes. This rule creates a pre-occupancy disclosure obligation tied to an officially calculated occupancy ceiling.
Plain English — not legal advice.
Under § 7.128.080, compliant rental property operators prepare a written occupancy disclosure for each dwelling unit and deliver it to incoming tenants before they take possession. The maximum occupancy figure used in that disclosure reflects the determination made by a Village inspector under the applicable property maintenance and dwelling codes, not the owner's own estimate. Operators generally keep records of these written disclosures and any inspector-issued occupancy determinations as part of their licensing documentation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7.128.080 gives tenants the right to receive written notice of the maximum allowable occupancy for their unit before they move in, as determined by a Village inspector under Westchester's property maintenance and dwelling codes. If a tenant did not receive this disclosure prior to occupancy, that gap may be relevant to a complaint filed with the Village or raised in a conversation with a tenant-rights organization familiar with local licensing requirements. Tenants who have questions about how their unit's occupancy limit was calculated can inquire with the Village inspection office, which is the body responsible for making that determination.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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