Schenectady, N.Y., Code of Ordinances ch. 167 § 167-20
Maximum occupancy
Operative Text
A. In dwelling units and lodging 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 clubs, dormitories and fraternity and sorority houses, the maximum number of occupants accommodated in a dormitory unit shall be limited to the number determined on the basis of the floor area, in square feet, of the unit divided by 50 square feet per occupant. C. For the maximum occupancy for commercial and industrial classifications, see the New York State Building Code. D. For the maximum occupancy of assembly places, see the New York State Building Code.
Section 167-20 of Schenectady's Code of Ordinances establishes how many people may legally occupy a dwelling or lodging unit by tying occupancy limits to the floor area of habitable rooms (excluding kitchens). For standard residential units, a room of 80–119 square feet may house one person, a room of 120–179 square feet may house two, and a room of 180 or more square feet may house three. For dormitory-style settings such as clubs, fraternities, and sororities, the limit is calculated by dividing the unit's total floor area by 50 square feet per occupant. Commercial, industrial, and assembly occupancies are governed separately by the New York State Building Code.
Plain English — not legal advice.
Property owners and managers in Schenectady should be familiar with § 167-20 and calculate the maximum permitted occupancy for each dwelling or lodging unit based on the measured floor area of habitable rooms, not counting kitchens. Compliant operators typically document room dimensions, apply the tiered square-footage formula to determine per-room occupancy limits, and ensure that lease terms and tenant communications reflect those limits. For any club, dormitory, or fraternity or sorority house, operators generally apply the separate 50-square-feet-per-occupant formula to the full dormitory unit area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 167-20 of Schenectady's Code of Ordinances, tenants have a right to occupy a unit up to the maximum number of people permitted by the room-size formula — a landlord cannot set occupancy limits lower than what the code allows without a lawful basis. If a tenant believes a landlord is improperly restricting occupancy or misrepresenting the allowable number of occupants, that concern can generally be raised with the City of Schenectady's code enforcement office or a local tenant-rights organization. Tenants may also find it useful to document the floor area of their habitable rooms, since the occupancy calculation under § 167-20 depends directly on those measurements.
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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