Garden City, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-11
Maximum occupancy
Operative Text
A. In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows: (1) One occupant per room having floor area of at least 60 but less than 120 square feet. (2) Two occupants per room having floor area of at least 120 but less than 180 square feet. (3) Three occupants per room having 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 dormitories and providing sleeping accommodations for more than two 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.
Garden City Code § 127-11 sets occupancy limits for residential spaces based on room size rather than a fixed household number. In standard dwelling and lodging units, each habitable room (excluding kitchens) may house one, two, or three occupants depending on whether its floor area falls below 120, below 180, or at 180 or more square feet, respectively. Dormitory-style buildings that sleep more than two people use a different formula: the room's total square footage is divided by 50 to determine the maximum number of occupants allowed in that room.
Plain English — not legal advice.
Operators of residential properties in Garden City must calculate permissible occupancy for each habitable room under § 127-11 before renting or assigning units. A compliant operator measures the floor area of every habitable room (excluding kitchens), applies the tiered square-footage thresholds for dwelling and lodging units, and uses the 50-square-feet-per-occupant formula for any dormitory-style accommodations. Keeping documented floor-area measurements on file helps demonstrate compliance if occupancy is ever questioned by local authorities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 127-11 of the Garden City Code establishes a floor-area-based occupancy standard that limits how many people a landlord may lawfully house in a given room. If a tenant believes a unit is being rented or maintained in violation of these occupancy limits, they may raise that concern with the local code enforcement or building department. Tenant-rights organizations familiar with Nassau County housing regulations can help residents understand how this provision applies to their living situation and what complaint or reporting options may be available.
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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