Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-49
Occupancy limitations
Operative Text
A. Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. B. Bedroom requirements. Every bedroom shall comply with the requirements of Subsections E through H . C. Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m 2 ) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m 2 ) of floor area for each occupant thereof. D. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: units that contain fewer than two bedrooms. E. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. F. Prohibited occupancy. Kitchen and nonhabitable spaces shall not be used for sleeping areas. G. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum requirements of New York State Property Maintenance Code Chapter 4.4. H. Minimum area requirements are determined by New York State Property Maintenance Code Chapter 4.4. I. Sleeping. The minimum occupancy area required by New York State Property Maintenance Code Chapter 4.4 should not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Subsections C and D . J. Combined spaces. Combined living rooms and dining room spaces shall comply with the requirements of New York State Property Maintenance Code Chapter 4.4 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. K. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Newark, N.Y., Code of Ordinances ch. 90 § 90-49 establishes minimum standards for how dwelling units, bedrooms, and shared spaces must be arranged and used. Bedrooms must meet specific size requirements—at least 70 square feet for a single occupant and at least 50 square feet per person when shared—and must not serve as the sole passageway to other habitable rooms. Kitchens and non-habitable spaces cannot be used for sleeping, and overall occupancy levels are capped by the standards set in New York State Property Maintenance Code Chapter 4.4. Combined living and dining spaces, food preparation areas, and bathroom access are also subject to defined minimum conditions under this provision.
Plain English — not legal advice.
Operators of rental properties in Newark subject to ch. 90 § 90-49 generally ensure that each bedroom meets the applicable square footage thresholds, that no bedroom serves as the only route to another habitable space, and that kitchens or storage areas are never offered or used as sleeping quarters. Compliant operators also verify that every bedroom provides access to at least one water closet and lavatory without requiring passage through another bedroom, and that the total number of occupants does not exceed the limits set by New York State Property Maintenance Code Chapter 4.4. Maintaining documentation of unit layouts and occupancy counts can help demonstrate ongoing compliance with the provision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Newark, N.Y., Code of Ordinances ch. 90 § 90-49, tenants have a right to occupy units that meet minimum space, privacy, and sanitation standards, including properly sized bedrooms and accessible bathroom facilities. If a unit appears to fall short—for example, if a kitchen is being counted as a sleeping area or if the number of occupants exceeds state-mandated limits—tenants may consider documenting the conditions and raising the violation with Newark's local code enforcement authority. Tenant-rights organizations familiar with New York State Property Maintenance Code Chapter 4.4 can help explain how these standards apply and what general options exist for addressing potential violations.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation