Babylon Village, N.Y., Code of Ordinances ch. 199 (eCode360 ed. 2026) § 199-9
Maximum occupancy
Operative Text
The maximum number of occupants permitted in any unit shall be determined as follows: A. In dwelling units and rooming units the maximum number of occupants shall be one occupant per habitable room, other than a kitchen, having a floor area of at least 80 square feet but less than 120 square feet; two occupants per room having a floor area of at least 120 square feet but less than 180 square feet; and three occupants per room having a floor area of 180 square feet or more. B. The maximum number of occupants in buildings occupied either for group living or as clubs, dormitories or sorority or fraternity houses and providing sleeping accommodations for more than five persons shall be no more than one occupant per 50 square feet of any habitable room, other than a kitchen.
Babylon Village Code ch. 199 § 199-9 establishes a tiered formula for how many people may legally occupy a dwelling unit or rooming unit based on the size of each habitable room (excluding kitchens). For standard dwelling and rooming units, a room under 120 square feet may hold one occupant, a room of 120–179 square feet may hold two, and a room of 180 square feet or more may hold three. For group-living arrangements such as dormitories, clubs, or fraternity and sorority houses with more than five sleeping occupants, the limit shifts to one person per 50 square feet of habitable room space.
Plain English — not legal advice.
Property owners and managers in Babylon Village must calculate the permitted occupancy for each unit in compliance with ch. 199 § 199-9 before renting or leasing. For standard residential units, compliant operators measure each habitable room (excluding kitchens) and apply the tiered square-footage formula to determine the lawful maximum. For group-living facilities such as dormitories or fraternity houses accommodating more than five persons, operators apply the one-occupant-per-50-square-feet standard to each habitable room and ensure that leases and occupancy agreements reflect those limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Babylon Village Code ch. 199 § 199-9, tenants have a right to occupy a unit that meets the minimum room-size thresholds tied to the number of occupants, and an overcrowded unit may constitute a code violation. If a tenant believes a unit is being rented in violation of these occupancy standards, they may consider filing a complaint with the appropriate Babylon Village code enforcement office. Tenants can also consult a local tenant-rights organization to better understand how this provision may apply to their housing situation.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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