Wallkill, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-10
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: (1) One occupant per room having a floor area of at least 80 but less than 120 square feet. (2) Two occupants per room having a floor area of at least 120 but less than 180 square feet. (3) Three occupants per room having a 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.
Wallkill, N.Y., Code of Ordinances ch. 140 § 140-10 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. For standard dwelling and lodging units, a room must be at least 80 square feet to house one person, at least 120 square feet for two, and at least 180 square feet for three. For group living arrangements such as dormitories, clubs, and fraternity or sorority houses with more than five sleeping occupants, the limit is calculated by dividing the room's square footage by 50 square feet per person.
Plain English — not legal advice.
Operators of residential rental properties in Wallkill should be familiar with the occupancy formulas set out in ch. 140 § 140-10 and apply them when determining how many residents may lawfully occupy each habitable room. Compliant landlords typically measure the floor area of each habitable room, excluding kitchens, and use the tiered square-footage thresholds to establish the permitted number of occupants before executing a lease. Operators of group facilities such as dormitories or fraternity houses apply the separate per-50-square-foot calculation to each sleeping room to stay within the code's limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Wallkill, N.Y., Code of Ordinances ch. 140 § 140-10, tenants have a right to occupy a unit that meets the minimum space standards tied to the number of residents — a landlord cannot lawfully place more occupants in a room than the floor-area formula allows. If a tenant believes their unit is being overcrowded beyond what the code permits, they may raise the violation with local code enforcement or housing authorities in Wallkill. Tenant-rights organizations can help residents understand how the square-footage thresholds apply to their specific living arrangement and what options exist for addressing a potential violation.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation