N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2078
Rental of rooms to boarders (New York City Housing Maintenance Code)
Operative Text
a. A family may rent one or more living rooms in an apartment to not more than two boarders, roomers or lodgers, if every living room in such apartment has free and unobstructed access to each required exit from such apartment as provided in paragraphs (a), (b) and (c) of subdivision four of section two hundred forty-eight or paragraph (a) of subdivision one of section fifty-three of the multiple dwelling law, and if each such boarder, roomer or lodger has access to, and the right to use, at least one water closet, bath or shower and one washbasin as may be required in or for an apartment in this code. b. Where a tenant rents any part of an apartment in a multiple dwelling to more than two boarders, roomers or lodgers, such rental shall constitute a use of the apartment for single room occupancy and such rental in an apartment of a converted dwelling shall constitute an unlawful use as a rooming unit. c. A family may rent one or more living rooms in a private dwelling to not more than two boarders, roomers or lodgers, except as otherwise prohibited under the zoning resolution of the city of New York.
N.Y.C. Admin. Code §§ 27-2001 and 27-2078 set out the conditions under which a family living in an apartment or private dwelling may rent rooms to boarders, roomers, or lodgers. In a multiple dwelling apartment, up to two such occupants are permitted, provided every living room has unobstructed access to required exits and each boarder has access to at least one toilet, bath or shower, and washbasin. Renting to more than two boarders in a multiple dwelling triggers single room occupancy classification—or, in a converted dwelling, constitutes an unlawful rooming unit use.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2078, property owners and managers should be aware that a tenant's right to take in boarders is conditioned on specific physical and occupancy requirements. Compliant buildings maintain clear exit access from every living room and adequate sanitary facilities for any boarders a tenant may lawfully host. Operators of converted dwellings in particular should monitor occupancy arrangements, since a tenant renting to more than two boarders can trigger a reclassification that affects the building's lawful use status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 and 27-2078 give families in apartments and private dwellings the right to rent rooms to up to two boarders, roomers, or lodgers, subject to exit-access and sanitary-facility requirements. Tenants who wish to understand whether their apartment meets the physical conditions required—or who believe a landlord is improperly restricting this right—may consult a tenant-rights organization or review guidance from the New York City Department of Housing Preservation and Development. Renting to more than two boarders can change the legal classification of the apartment, which carries its own set of consequences worth understanding before making such arrangements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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