Highland Falls, N.Y., Code of Ordinances ch. 122 (eCode360 ed. 2026) § 122-11
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 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, 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.
Highland Falls, N.Y., Code of Ordinances ch. 122 § 122-11 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. For standard dwelling and lodging units, rooms between 80 and 119 square feet may house one occupant, rooms between 120 and 179 square feet may house two, and rooms of 180 or more square feet may house three. For group living facilities such as clubs, dormitories, and fraternity or sorority houses with more than five sleeping occupants, the limit is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Property owners and managers operating under Highland Falls, N.Y., Code of Ordinances ch. 122 § 122-11 generally measure the floor area of each habitable room—excluding kitchens—to determine the maximum number of residents permitted. Compliant operators maintain records of room dimensions and ensure that lease terms and actual occupancy reflect the applicable limits for dwelling units, lodging units, or group living facilities. For dormitories, fraternities, sororities, and similar buildings housing more than five persons, operators typically apply the 50-square-feet-per-occupant formula to each sleeping room.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Highland Falls, N.Y., Code of Ordinances ch. 122 § 122-11, tenants have a right to live in a unit that is not overcrowded beyond the limits set by room size, and landlords cannot lawfully require or permit occupancy that exceeds those thresholds. If a tenant believes a unit is being rented or maintained in violation of these occupancy standards, they may raise the violation as a defense in relevant proceedings or file a complaint with the appropriate local code enforcement authority. Tenant-rights organizations familiar with Highland Falls housing code can help residents understand what options may be available to them.
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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