Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-9
Occupancy classification of buildings
Operative Text
For the purpose of this chapter, buildings shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings. (1) One-family dwelling when rental premises. (2) One-family dwelling occupied by the owner and where rooms are rented to two or more lodgers, with or without meals. (3) Two-family dwelling wherein one dwelling unit is rented. (4) Two-family dwelling wherein both units are rented. (5) Two-family dwelling wherein lodging units are rented to two or more lodgers, with or without meals in any one unit. B. Multiple dwellings. (1) Buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units. (2) Buildings containing three or more dwelling units. (3) Apartment houses. (4) Lodging houses. (5) Building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses. (6) Garden apartments. C. Accessory structures: garages, carports, storage sheds and similar-type structures on residential premises.
Section 158-9 of Evans, N.Y., Code of Ordinances ch. 158 establishes a classification system that sorts residential buildings into three broad categories—one- and two-family dwellings, multiple dwellings, and accessory structures—based on how they are occupied and how many people or units they contain. The distinctions turn on factors such as whether the owner lives on-site, how many lodgers are present, and whether units are rented or owner-occupied. These classifications form the definitional foundation for the rest of Chapter 158, determining which rules apply to a given property.
Plain English — not legal advice.
Property owners and managers subject to Evans, N.Y., Code of Ordinances ch. 158 § 158-9 should identify which occupancy classification applies to each building they operate, since the correct classification governs which substantive requirements of Chapter 158 apply. A compliant operator generally reviews the number of dwelling units, the number of lodgers, and whether any unit is owner-occupied when making this determination. Misclassifying a property—for example, treating a building with three or more dwelling units as a one- or two-family dwelling—can result in the wrong set of regulatory obligations being applied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-9 of Evans, N.Y., Code of Ordinances ch. 158 matters to tenants because the occupancy classification assigned to their building determines which protections and requirements under Chapter 158 govern their living situation. Tenants who believe their building has been misclassified—for instance, a multi-unit building treated as a single-family rental—may raise that classification as a relevant issue when pursuing a complaint or defense under the chapter. Tenant-rights organizations familiar with Evans local ordinances can help residents understand how the classification system affects the rules that apply to their home.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation