Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-8
Maximum occupancy
Operative Text
The maximum number of occupants of any building shall be determined based on the requirements of the New York State Uniform Fire Prevention and Building Code, as amended.
Under Oyster Bay, N.Y., Code of Ordinances ch. 135 § 135-8, the maximum number of people who may occupy any building is not set by a fixed local number but is instead determined by applying the New York State Uniform Fire Prevention and Building Code. That state code establishes occupancy limits based on factors such as the type of use, square footage, and fire-safety requirements. The local rule defers entirely to whatever the state standard requires, including any future amendments to that code.
Plain English — not legal advice.
Under ch. 135 § 135-8, compliant operators generally determine the allowable occupancy for each building by consulting the current New York State Uniform Fire Prevention and Building Code rather than relying on a locally fixed number. Because the provision incorporates state-code amendments automatically, property managers typically stay current with any updates to the state standard that could affect their buildings' occupancy limits. Posting or documenting the applicable occupancy figure as derived from the state code is a common practice for demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 135-8 of the Oyster Bay Code means that the maximum number of people permitted in your building is governed by the New York State Uniform Fire Prevention and Building Code, not a separate local cap. If you believe a building is being occupied beyond its lawful limit, general enforcement paths include contacting the local building or code-enforcement department or reaching out to a tenant-rights organization familiar with New York housing law. Understanding the state-code basis for occupancy limits can be relevant if overcrowding conditions are raised as part of a housing complaint or legal proceeding.
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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