Schenectady, N.Y., Code of Ordinances ch. 167 § 167-19
Occupancy classification of buildings
Operative Text
Buildings, for the purpose of this chapter, shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings: buildings containing one or two dwelling units with four or fewer than four lodgers residing with a family in either one of such dwelling units. B. Multiple dwellings: buildings containing one or two dwelling units with more than four lodgers with a family in either one of such dwelling units; buildings containing three or more dwelling units; apartment houses and apartment hotels; hotels; garden apartments; lodging houses; and buildings with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity, sorority house, convalescent home, old-age home, nursing home or for similar uses. C. Accessory structures: structures for accessory use, including but not limited to garages, carports and storage buildings. D. Industrial occupancy: See New York State Building Code. E. Commercial occupancy: See New York State Building Code.
Section 167-19 of Schenectady's Code of Ordinances Chapter 167 establishes how buildings are sorted into occupancy categories for the purposes of local housing regulation. The classification system distinguishes one- and two-family dwellings (with four or fewer lodgers) from multiple dwellings, which include larger residential arrangements such as apartment houses, hotels, dormitories, and care facilities. Accessory structures like garages are treated as their own category, while industrial and commercial occupancies are governed by reference to the New York State Building Code.
Plain English — not legal advice.
Under § 167-19, the occupancy classification assigned to a building determines which regulatory requirements apply throughout Chapter 167, so property owners and managers benefit from confirming that their building is correctly classified before leasing units or making operational changes. A building with one or two dwelling units tips from the one-and-two-family category into the multiple-dwelling category if more than four lodgers reside with a family in either unit, which can trigger a different set of obligations. Operators of facilities such as nursing homes, dormitories, or club-style housing should note that § 167-19 expressly places those uses in the multiple-dwelling category regardless of the number of formal dwelling units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 167-19 matters to tenants because the occupancy classification of their building determines which protections and standards under Chapter 167 apply to their living situation. Tenants in buildings that may be misclassified—for example, a large lodging arrangement that should qualify as a multiple dwelling—may have grounds to raise that classification as relevant in a housing complaint or code-enforcement proceeding. Tenants who believe their building is incorrectly classified under § 167-19 can contact the City of Schenectady's code enforcement office or reach out to a local tenant-rights organization to understand what 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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