Rye, N.Y., Code of Ordinances ch. 108 § 108-10
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: one occupant per room having floor area of at least 80 but less than 120 square feet, two occupants per room having floor area of at least 120 but less than 180 square feet, and 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 108-10 of Rye, N.Y., Code of Ordinances ch. 108 establishes maximum occupancy limits for residential spaces based on room size. In dwelling and lodging units, the number of permitted occupants in a habitable room (excluding kitchens) scales with floor area: one person for rooms between 80 and 119 square feet, two for rooms between 120 and 179 square feet, and three for rooms of 180 or more square feet. For group living facilities such as clubs, dormitories, and fraternity or sorority houses that house more than five people, the limit is calculated by dividing the room's square footage by 50.
Plain English — not legal advice.
Operators of residential properties in Rye should ensure that occupancy in each habitable room does not exceed the limits set by § 108-10. Compliant operators typically document the square footage of each habitable room and use those measurements to establish the maximum number of residents permitted per room, applying the tiered formula for standard units and the per-50-square-foot formula for group living facilities. Maintaining accurate floor-area records and communicating occupancy limits clearly in lease agreements are practices generally associated with compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 108-10 of Rye's Code of Ordinances, tenants have a right to live in a unit that is not overcrowded beyond the limits the law sets based on room size. If a tenant believes a landlord is requiring or permitting occupancy that exceeds these square-footage-based limits, that concern can generally be raised with the appropriate local code enforcement or housing authority. Tenant-rights organizations familiar with Rye's municipal code can help residents understand how this provision applies to their living situation.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation