Brewster, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-8
Maximum occupancy
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of floor areas of habitable rooms, other than kitchens, as follows: (1) One occupant per room having a floor area of at least 80 but less than 120 square feet. (2) Two occupants per room having a floor area of at least 120 but less than 180 square feet. (3) Three occupants per room having a floor area of 180 or more square feet. B. In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. C. In buildings occupied as clubs, dormitories or sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
Brewster, N.Y., Code of Ordinances ch. 148 § 148-8 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. For standard dwelling and lodging units, the number of permitted occupants per room scales with room size, ranging from one occupant in smaller rooms to three in larger ones. For group living arrangements such as clubs, dormitories, and fraternity or sorority houses with more than five sleeping occupants, a different formula applies: the room's square footage is divided by 50 to determine the maximum number of residents allowed.
Plain English — not legal advice.
Operators of residential properties in Brewster should be familiar with the room-size-based occupancy standards set out in § 148-8 and ensure that units are not rented or occupied beyond those limits. Compliant landlords typically measure the floor area of each habitable room—excluding kitchens—and use those measurements to establish the maximum number of occupants permitted per room. Operators of dormitories, clubs, or Greek-letter houses accommodating more than five sleeping residents apply the separate per-50-square-foot formula specified in § 148-8(C) when determining allowable occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Brewster, N.Y., Code of Ordinances ch. 148 § 148-8, tenants have a right to occupy their unit in accordance with the occupancy limits tied to the actual floor area of each habitable room, not arbitrary caps set by a landlord. If a landlord attempts to restrict occupancy below what the room sizes would permit under § 148-8, or conversely if a unit is being overcrowded beyond those limits, tenants may raise the provision as relevant context in a housing complaint or code-enforcement proceeding. Tenants who believe occupancy rules are being misapplied may consider contacting local code enforcement authorities or a tenant-rights organization for general guidance.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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