Oswego, N.Y., Code of Ordinances ch. 149 § 149-10
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 floor area of at least 80 but less than 120 square feet; (2) Two occupants per room having floor area of at least 120 but less than 180 square feet; and (3) Three occupants per room having 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.
Section 149-10 of Oswego's Code of Ordinances establishes maximum occupancy limits for residential spaces based on room size. In standard dwelling and lodging units, habitable rooms (excluding kitchens) may house one, two, or three occupants depending on whether the room's floor area falls below 120, below 180, or at 180 or more square feet, respectively. In group-living buildings such as clubs, dormitories, and fraternity or sorority houses with more than five sleeping occupants, the cap is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Operators of rental properties in Oswego should be familiar with the tiered occupancy formula set out in § 149-10 and apply it to each habitable room—excluding kitchens—when determining how many residents may lawfully occupy a unit. For group-living facilities such as dormitories or fraternity houses, a separate per-50-square-foot calculation governs sleeping rooms. Compliant operators typically document room dimensions and maintain records that demonstrate each occupied unit or sleeping room does not exceed the applicable limit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 149-10 of Oswego's Code of Ordinances, tenants have a right to occupy a unit that is not overcrowded beyond the limits the law sets based on room size. If a landlord attempts to house more occupants than the formula allows, that may constitute a code violation that can be reported to the appropriate local code enforcement authority. Tenants who believe their unit does not meet these standards may also wish to consult a local tenant-rights organization for guidance on available options.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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