Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-20
Occupancy of dwelling units
Operative Text
A. No dwelling unit shall be occupied by more persons than twice the number of living rooms in the dwelling unit less one except that two persons may occupy a dwelling unit containing one room. No living or sleeping room shall be so overcrowded that there shall be afforded less than 600 cubic feet of air for each occupant and 300 cubic feet of air for each additional occupant of such room. No room in any dwelling unit shall have sleeping accommodations for more persons than such rooms can accommodate without overcrowding such rooms in violation of this section. B. The minimum ceiling height in any living or sleeping room or habitable room shall be seven feet six inches for a minimum of 40% of the floor. C. No kitchen or bathroom shall be considered a sleeping room in addition to its normal use.
Section 128-20 of Freeport, N.Y., Code of Ordinances ch. 128 establishes maximum occupancy limits for dwelling units based on the number of living rooms, with a floor of two persons for single-room units. It also sets minimum air-space requirements per occupant in any living or sleeping room, and mandates a minimum ceiling height of seven feet six inches over at least 40% of the floor area in habitable rooms. Kitchens and bathrooms are explicitly excluded from counting as sleeping rooms under this provision.
Plain English — not legal advice.
Operators of rental properties in Freeport should ensure that each dwelling unit is not rented or leased to a household whose size would exceed the occupancy formula set out in § 128-20—generally no more than twice the number of living rooms minus one person. Compliant operators also verify that each living or sleeping room provides at least 600 cubic feet of air per primary occupant and 300 cubic feet for each additional occupant, and that habitable rooms meet the seven-foot-six-inch ceiling height standard over at least 40% of the floor. Kitchens and bathrooms should not be designated, advertised, or used as sleeping quarters under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 128-20 of Freeport's Code of Ordinances ch. 128, tenants have a right to occupy a dwelling unit that meets minimum space and air-volume standards and is not structurally overcrowded. If a tenant believes their unit fails to meet these occupancy or ceiling-height requirements, they may consider documenting the conditions and raising the violation with the appropriate local housing or code-enforcement authority in Freeport. Tenant-rights organizations familiar with Nassau County housing codes can help residents understand what options may be available when a unit appears to fall short of the standards in this provision.
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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