Mineola, N.Y., Code of Ordinances ch. 300 (eCode360 ed. 2026) § 300-10
Maximum occupancy
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 square feet but less than 120 square feet; (2) Two occupants per habitable room having a floor area of at least 120 square feet but less than 180 square feet; and (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 50 square feet. In no case shall the floor area of a dormitory unit be less than 200 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 a conspicuous place in each such unit. F. Communal dining space in communal kitchens shall be exclusive of clear working space, at least four feet in front of kitchen equipment, and comply with the requirements for communal dining rooms.
Mineola, N.Y., Code of Ordinances ch. 300 § 300-10 establishes occupancy limits for residential and lodging spaces based on the square footage of each habitable room, excluding kitchens. For dwelling units, the number of permitted occupants per room scales with floor area, ranging from one occupant in rooms of 80–119 square feet up to three occupants in rooms of 180 or more square feet. Dormitory units use a different formula, dividing total floor area by 50 square feet, with a minimum unit size of 200 square feet. Hotel, lodging, and dormitory units are also required to post their maximum occupancy in a visible location within each unit.
Plain English — not legal advice.
Property owners and managers operating under Mineola, N.Y., Code of Ordinances ch. 300 § 300-10 generally measure the floor area of each habitable room—excluding kitchens—to determine the lawful occupancy limit for each dwelling unit. Compliant operators maintain accurate records of room dimensions and ensure that the number of occupants in any unit does not exceed the thresholds set by the provision's square-footage tiers. For hotel, lodging, and dormitory units, operators typically post the maximum permitted occupancy in a conspicuous location within each unit as required by § 300-10(D). Communal dining areas must also meet the minimum 15-square-feet-per-occupant standard and display their own posted occupancy limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mineola, N.Y., Code of Ordinances ch. 300 § 300-10, tenants have a right to occupy their unit up to the lawful maximum determined by the floor area of each habitable room, and that limit cannot be set arbitrarily below what the ordinance permits. If a tenant believes a landlord is misrepresenting room sizes or imposing occupancy restrictions that conflict with § 300-10's square-footage standards, they may consider raising the provision as a relevant reference in any housing complaint or proceeding. Tenants can also contact the Village of Mineola's code enforcement or building department to inquire about compliance, or reach out to a local tenant-rights organization for general guidance on how the ordinance applies.
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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