NYC Housing Maintenance Code § 27-2075 · cited Jan 13, 1987 – Jul 27, 2026
461 NYC housing violations have been issued under NYC Housing Maintenance Code § 27-2075, which is 0.0% of every HPD violation attributed to a section. 229 are still open, 227 of them past the legal deadline on the notice.
The median legal deadline on a § 27-2075 notice is 95 days. The median violation that got fixed took 1,500 days to reach “violation closed”, measured across 168 closed violations.
The most common orders written under this section, in HPD’s own wording.
| MANHATTAN | 120 | |
|---|---|---|
| BROOKLYN | 62 | |
| QUEENS | 26 | |
| BRONX | 19 | |
| STATEN ISLAND | 2 |
§ 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. (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.
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.
Current through Local Law 2026/116, enacted July 11, 2026 · enacted municipal law, in the public domain · official publication
NYC Housing Maintenance Code § 27-2075, "Maximum permitted occupancy", is cited on a violation when an HPD inspector finds the condition it covers. 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. (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.
Each notice carries its own deadline set by the violation's hazard class. Across 461 § 27-2075 notices, the median legal deadline was 95 days from the notice date.
Measured across 168 § 27-2075 violations that reached "violation closed", the median took 1,500 days from the notice date, against a median legal deadline of 95 days.
229 § 27-2075 violations are open as of Aug 5, 2026, and 227 of them are already past the legal deadline on the notice.
Counted from HPD’s Housing Maintenance Code Violations dataset. Each notice is attributed to a section by HPD’s own order number where one is on record, otherwise by the section its notice text cites. 11,124,402 of the city’s 11,129,441 HPD notices are attributed that way; the share above is a share of those. Figures recomputed Aug 5, 2026.
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