Rochester, Minn., Code of Ordinances § 7 § 7-3-36

Unlawful structure (Rochester Housing Code)

In Force
Verified 10/12/2026 · Next check 11/11/2026
RochesterOccupancy Standards

Operative Text

Rochester, Minn., Code of Ordinances § 7 § 7-3-36
An unlawful structure is one found in whole or in part to be overcrowded if occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.
Source: Legislative text reproduced verbatim
Plain English

Rochester, Minn., Code of Ordinances § 7 § 7-3-36 defines an "unlawful structure" as any building or portion of a building that is either overcrowded—meaning it houses more occupants than the local code permits—or was built, modified, or occupied in violation of applicable law. The provision establishes a legal classification that can trigger enforcement action, inspections, or required remediation. It applies to residential and other structures within Rochester's jurisdiction regardless of how the violation arose.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 15, 2026

Plain English — not legal advice.

For Property Managers

Under Rochester, Minn., Code of Ordinances § 7 § 7-3-36, compliant property operators generally ensure that occupancy levels in every unit stay within the limits set by the Code and that any construction, alteration, or change in use follows proper permitting and legal procedures. Keeping accurate records of permitted occupancy limits and ensuring that alterations are properly authorized helps avoid a structure being classified as unlawful. Operators who discover a potential violation typically address it proactively before an inspection or complaint triggers formal enforcement.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Rochester, Minn., Code of Ordinances § 7 § 7-3-36 establishes that tenants living in a structure that is overcrowded or was built or altered contrary to law may be residing in what the Code classifies as an unlawful structure. This classification can be relevant if a tenant faces eviction or other adverse action, as the existence of a code violation may be raised as part of a legal proceeding. Tenants who believe their housing may fall under this provision can contact Rochester's local code enforcement office or a tenant-rights organization to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.810
Required space in dwelling units
§ 244.820
Dwelling unit to be occupied by one (1) family
§ 244.830
Arrangement of rooms

Source Information