§27-2075 MAXIMUM PERMITTED OCCUPANCY.
§27-2075(a) No dwelling unit shall be occupied by a greater number of
persons than is permitted by this section.
§27-2075(a)(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.
§27-2075(a)(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 a single room occupancy.
§27-2075(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.
§27-2075(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.
§27-2075(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.
§27-2075(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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