Rensselaer, N.Y., Code of Ordinances ch. 121 § 121-9
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: one occupancy per room having floor area of at least 80 square feet but less than 120 square feet, two occupants per room having floor area of at least 120 square feet but less than 180 square feet and three occupants per room having floor area of 180 square feet or more. 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 121-9 of Rensselaer's Code of Ordinances establishes maximum occupancy limits for residential spaces based on room size. In standard dwelling and lodging units, a habitable room (excluding kitchens) must have at least 80 square feet to house one person, at least 120 square feet for two, and at least 180 square feet for three. In group-living facilities such as clubs, dormitories, and fraternity or sorority houses that sleep more than five people, the limit is calculated by dividing the room's square footage by 50 to determine the maximum number of occupants allowed.
Plain English — not legal advice.
Operators of residential rental properties in Rensselaer must ensure that occupancy levels in each habitable room comply with the square-footage thresholds set out in § 121-9. A compliant operator generally measures each habitable room (excluding kitchens) and uses those measurements to determine the permissible number of occupants before leasing a unit. Operators of dormitories, clubs, or fraternity and sorority houses with more than five sleeping occupants apply the separate per-50-square-foot formula when assigning room capacities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 121-9 of Rensselaer's Code of Ordinances, tenants have a right to live in spaces that meet minimum size requirements relative to the number of occupants. If a rental unit appears to be overcrowded in violation of these floor-area standards, tenants may consider documenting the room dimensions and raising the issue with local code enforcement or housing authorities. Tenant-rights organizations can help residents understand how these occupancy rules apply to their living situation and what complaint or enforcement options may be available.
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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