I myself live in a one bedroom apt. however some of my neighbors who reside in the same apt on the upper and lower floors(same sq footage) have three to four persons living in their apts.
The lease states the apt is only for two persons. Are my neighbors in the right according to the NYC Dept of Buildings code?
Landlord / Tenant Lawyer
Dear Bronx Tenant:
Are you bothered or annoyed by the living arrangements in the other apartments in the house? If so, then that may not at all be related to compliance with occupancy standards. In New York, a single named tenant on a lease is also allowed a roommate as well as the roommate's dependents. The landlord may object only to the shared living arrangement on the ground of excessive occupancy. If the landlord does not object, and the Department of Buildings does not record a violation, then the use of the apartment is not an issue. While the lease may restrict the use of the apartment to two persons, New York State Real Property Law, overrides such restrictive occupancy terms:
The NYC Housing Maintenance Code sets these standards in a regular apartment building:
">>>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 liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded.>>>"
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.