Mamakating, N.Y., Code of Ordinances ch. 120 (eCode360 ed. 2026) § 120-3
Occupancy limits
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 but less than 120 square feet. (2) Two occupants per habitable room having a floor area of at least 120 but less than 180 square feet. (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 40 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 each such unit.
Mamakating, N.Y., Code of Ordinances ch. 120 § 120-3 establishes maximum occupancy limits for residential and lodging spaces based on floor area. In dwelling, hotel, and lodging units, the number of permitted occupants per habitable room (excluding kitchens) scales with room size, ranging from one occupant for rooms between 80 and 119 square feet up to three occupants for rooms of 180 square feet or more. Dormitory occupancy is calculated by dividing total floor area by 40 square feet, and communal or central dining rooms must provide at least 15 square feet per occupant, with posted maximums required in hotel, lodging, dormitory, and dining spaces.
Plain English — not legal advice.
Under ch. 120 § 120-3, compliant operators measure the floor area of each habitable room (excluding kitchens) and apply the tiered occupancy formula to determine the lawful maximum for each unit. For hotel, lodging, dormitory, and communal dining spaces, operators are generally expected to post the permitted maximum occupancy in a conspicuous location within each such space. Keeping accurate floor-area records and ensuring posted notices remain current and visible are practices associated with ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 120-3 of Mamakating's Code of Ordinances sets a floor-area-based ceiling on how many people may lawfully occupy a dwelling unit, meaning a landlord cannot require or permit more occupants than the room-size formula allows. Tenants who believe their unit is being operated in violation of these occupancy standards may document the relevant room dimensions and raise the issue with the appropriate local code enforcement authority. Tenant-rights organizations familiar with New York housing law can help residents understand how this provision interacts with other protections and what avenues may be available to address a potential violation.
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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