Elmira, N.Y., Code ch. 8, art. V § 8-352
Maximum occupancy
Operative Text
(a) In dwelling units the maximum number of occupants of each such respective unit shall be limited to a number determined on the basis of the floor area of each habitable room, other than kitchens, as follows: (1) One occupant per habitable room having a floor area of at least 80 square feet but less than 120 square feet; (2) Two occupants per habitable room having a floor area of at least 120 square feet but less than 180 square feet; and (3) Three occupants per habitable room having a floor area of 180 or more square feet. (b) In hotel units and lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. (c) In dormitory units, the maximum number of occupants shall be limited to a number determined by dividing the floor area of the unit by 50 square feet. In no case shall the floor area of a dormitory unit be less than 200 square feet. (d) The maximum number of occupants permitted in hotel units, lodging units or dormitory units shall be posted in a conspicuous place in each such unit. (e) Communal dining rooms and central dining rooms shall contain at least 15 square feet of floor area per occupant. The maximum number of occupants permitted, at any particular time, shall be posted in a conspicuous place in each such unit. (f) Commercial dining space in communal kitchens shall be exclusive of clear working space, at least four feet in front of kitchen equipment and comply with the requirements for communal dining rooms.
Elmira Code ch. 8, art. V § 8-352 establishes maximum occupancy limits for various types of residential and lodging units based on floor area. For standard dwelling units, the number of permitted occupants per habitable room (excluding kitchens) scales with room size: one person for rooms between 80 and 119 square feet, two for rooms between 120 and 179 square feet, and three for rooms of 180 square feet or more. Dormitory units use a different formula, dividing total floor area by 50 square feet, with a minimum unit size of 200 square feet. Hotels, lodging units, and communal dining spaces have their own specific area-per-occupant requirements, and posted notices are required in certain unit types.
Plain English — not legal advice.
Under Elmira Code ch. 8, art. V § 8-352, compliant property operators calculate the maximum allowable occupancy for each unit by measuring the floor area of every habitable room (excluding kitchens) and applying the tiered square-footage formula set out in the provision. Operators of hotel, lodging, and dormitory units are also required to post the maximum permitted occupancy in a conspicuous location within each such unit. Communal and commercial dining spaces must meet the minimum per-occupant floor area requirements and maintain clear working space as specified in the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Elmira Code ch. 8, art. V § 8-352 sets legally defined limits on how many people may occupy a dwelling unit, calculated room by room based on floor area, which means a landlord cannot lawfully require or allow more occupants than the formula permits. If you believe your unit is being overcrowded beyond these limits—or that posted occupancy notices required in hotel, lodging, or dormitory units are absent—you may consider raising this as a code-compliance concern with the appropriate local housing or code enforcement office. Tenant-rights organizations in the Elmira area can help you understand how this provision applies to your type of unit and what complaint or defense options may be available to you.
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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