Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-10
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 a floor area of at least 80 but less than 120 square feet, two occupants per room having a floor area of at least 120 but less than 180 square feet and 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 or 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 93-10 of Waverly, N.Y., Code of Ordinances Chapter 93 establishes maximum occupancy limits for residential spaces based on the floor area of habitable rooms, excluding kitchens. For dwelling and lodging units, rooms between 80 and 119 square feet may house one occupant, rooms between 120 and 179 square feet may house two, and rooms of 180 or more square feet may house three. For clubs, dormitories, and fraternity or sorority houses with sleeping accommodations for more than five people, the limit is calculated by dividing the room's square footage by 50 square feet per occupant.
Plain English — not legal advice.
Operators of residential rental properties in Waverly must ensure that occupancy levels in each habitable room comply with the square-footage thresholds set out in § 93-10. Compliant operators typically measure the floor area of each habitable room—excluding kitchens—and use those measurements to determine the maximum number of residents permitted per room. Operators of clubs, dormitories, or Greek-letter housing with more than five sleeping occupants apply the separate 50-square-feet-per-occupant 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 § 93-10 of Waverly's Code of Ordinances, tenants have a right to occupy housing that meets minimum space standards, and overcrowding conditions that violate these floor-area-based limits may constitute a code violation. If a tenant believes their unit is being rented in violation of these occupancy standards, general enforcement paths include filing a complaint with the local code enforcement or housing office, or raising the violation in relevant housing proceedings. Tenant-rights organizations familiar with Waverly's local ordinances can help residents understand what options may be available to them.
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.
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