Posted by EZT on November 28, 2001 at 19:03:24:
In Reply to: NYC Administrative Code Section 27-7075(c) posted by Wilma on November 27, 2001 at 09:41:54:
there is no 7075, but there is a 27-2075:
CHAPTER 2
HOUSING MAINTENANCE CODE
[table of contents]
SUBCHAPTER 3
PHYSICAL AND OCCUPANCY STANDARDS FOR
DWELLING UNITS
Article 4
Minimum Room Sizes and Occupancy
Regulations
Sec. 27-2075 Maximum permitted occupancy
a. No dwelling unit shall be occupied by a greater number of
persons than is permitted by this section.
1.Every person occupying an apartment in a class A or
class B multiple dwelling or in a tenant-occupied
apartment in a one- or two-family dwelling shall have a
livable area of not less than eighty square feet. The
maximum number of persons who may occupy any such
apartment shall be determined by dividing the total
livable floor area of the apartment by eighty square feet.
For every two persons who may lawfully occupy an
apartment, one child under four may also reside therein,
except that a child under four is permitted in an
apartment lawfully occupied by one person. No residual
floor area of less than eighty square feet shall be
counted in determining the maximum permitted
occupancy for such apartment. The floor area of a
kitchen or kitchenette shall be included in measuring the
total livable floor area of an apartment but the floor area
for private halls, foyers, bathrooms or water closets shall
be excluded.
2.A living room in a rooming unit may be occupied by not
more than two persons if it has a minimum floor area
not less than one hundred ten square feet in a rooming
house, or one hundred thirty square feet in single room
occupancy.
b. The maximum number of persons who may occupy a
dormitory shall not exceed the occupancy permitted under
section sixty-six of the Multiple Dwelling Law, and the
regulations issued thereunder by the department.
c. On written demand by the department, or by the owner
when he or she rents a dwelling unit or any time thereafter,
the tenant shall submit an affidavit setting forth the names
and relationship of all occupants residing within the dwelling
unit and the ages of any minors. In the event of an increase in
the number of occupants, the tenant shall advise the owner
and, if the owner so demands in writing, the tenant shall
submit an affidavit, setting forth the pertinent information
regarding such increase in occupancy.
d. In any case where the birth of a child or its attainment of
the age of four causes the number of persons or children to
exceed the maximum occupancy permitted in this section,
such excess occupancy shall be permissible until one year
after such event. e. In every rooming unit, a sign shall be
posted showing the maximum lawful occupancy. Such sign
shall be made and installed in the manner and location
prescribed by the department and shall be maintained at all times.
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